2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 3 - Provisions Applicable to Counties and Municipal Corporations. › Chapter 98 - Emergency Telephone Service. › Section 11-98-12 - Release of Audio Recording; Public Records; Transcript.

Section 11-98-12
Release of audio recording; public records; transcript.
THIS SECTION WAS AMENDED BY ACT 2022-363 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) An emergency communications district may not release the audio recording of a 911 telephone call or the name of a victim except pursuant to a court order finding that the right of the public to the release of the recording outweighs the privacy interests of the individual who made the 911 call, the victim, or any person involved in the facts or circumstances relating to the 911 call. This section shall not apply to law enforcement personnel conducting an investigation where the 911 telephone call is or may be relevant to the investigation.
(b) An audio recording may be released without a court order to the caller whose voice is on the 911 audio recording or, in the event that the caller is deceased or incapacitated, to the legal representative of the caller or the caller's estate, provided the person seeking the 911 audio recording submits a sworn affidavit to include sufficient information so that the emergency communications district director may verify the statements which attest to the following facts:
(1) That the individual signing the affidavit is the caller or that the caller is deceased or incapacitated and the individual signing the affidavit is the legal representative of the caller or the caller's estate.
(2) That release of the 911 audio recording is pertinent to the investigation of a legal matter resulting from the events necessitating the making of the 911 call at issue.
(c) Notwithstanding subsections (a) and (b), any written or electronic record detailing the circumstances, response, or other events related to a 911 call, other than the audio recording of the 911 call, which is kept by the emergency communications district in its regular course of business shall be deemed a public writing under Section 36-12-40, and subject to public inspection as otherwise provided by law.
(d)(1) Notwithstanding subsections (a) and (b), upon request by a person or individual granted access to public writing under Section 36-12-40 and payment of a reasonable fee not to exceed the actual cost of transcription, an emergency communications district shall provide to the requestor a transcript of a specific 911 telephone call which is kept by the emergency communications district in its regular course of business.
(2) A request for a 911 transcript pursuant to this subsection shall identify the 911 transcript with a degree of specificity that allows the emergency communication district to identify the individual call from others that may have been received during the same time period as the call to which the requested transcript relates or from others involving similar circumstances.
(3) Before providing the transcript, the emergency communications district may redact the name, address, and telephone number of the caller or any individual involved in the facts or circumstances relating to the 911 call, as well as any other personal identifying or sensitive information.
(4) A person who has requested a transcript pursuant to this subsection shall be responsible for that transcript following receipt of the transcript.
(e) An emergency communications district shall retain a recording of each 911 telephone call received by the district for two years following the date of the call. At the request of any agency conducting a criminal investigation or any attorney conducting a civil investigation, the district shall retain a recording for an additional two years.
(Act 2010-502, p. 806, §1; Act 2022-363, §1.)