SAMPLE
ACCESS AND RETENTION OF CONFIDENTIAL RECORDS

Purpose.

To make clear the expectations of personnel regarding the use and retention of confidential information that may be encountered during the performance of their duties.

Procedure.

Confidentiality

1.  While in the performance of their duties, communications employees will be exposed to confidential information, such as the personal identity of those providing or requesting emergency services.  This information will not be shared or transferred to the general public in any manner, other than in accordance with rules and statutes of the Emergency Services Communications Bureau.

2.  Employees will be required to sign a non-disclosure form similar to the one attached as Attachment A.

Retention of Records

1.  All call records and voice and TTY recordings of incoming 9-1-1 calls are deemed confidential and shall be retained for a minimum of 30 days.  Information shall be kept for a longer period in accordance with other procedures for records retention or until the PSAP director authorizes its destruction.  Written call records shall be kept in a secure storage location until discarded.

Data Security

1.  Enhanced 9-1-1 information, as defined in MRSA Title 25, § 2929, shall be protected from being improperly disseminated by viewing, copying or listening by unauthorized personnel.

2.  The dissemination of confidential information by dispatch personnel shall be restricted to and in accordance with MRSA Title 25, § 2929.  

3.  The following issues should be addressed within this policy and should reflect the procedures desired by the local PSAP:  storage of recording tapes and ALI printouts, viewing of ALI screen by visitors, security of equipment rooms, including sign-in logs.  Request for identification from technicians and vendors before entering the equipment rooms.  

4.  Any moving, relocation, or maintenance of equipment is Verizon’s responsibility.  Notify the ESCB of any moves or relocations that require Verizon’s attention.  In addition, no equipment other than Enhanced 911 equipment shall be plugged into the orange electrical receptacles.

5.  A process, which may include a form and receipt, should be developed for the purpose of providing copies of tapes or reports containing confidential 911 information.

(Note:  This sample policy is for guidance and reference purposes to assist Public Safety Answer Points (PSAPs) in developing individualized policies.  Any policy adopted by a PSAP should be tailored to its specific situation and resources and comply with all applicable laws and regulations, including, without limitation, workplace safety and anti-discrimination laws.  Where appropriate, PSAPs should consult with legal counsel.  The State of Maine makes no representations with respect to the appropriateness of this sample policy as it pertains to individual PSAPs and assumes no liability with respect to any third-party claim.  This sample policy is of a general informational and educational nature.  This sample policy is provided with the understanding that it is not legal advice or intended to create an evidentiary standard, or a standard of care or safety that is not otherwise established in the industry.)

9/20/02

ATTACHMENT A

SAMPLE
NON-DISCLOSURE OF CONFIDENTIAL 9-1-1 INFORMATION

	I, _______________________________________________________________
				(print name)
understand that all information contained in any database, report, audio recording or other record of the Emergency Services Communication Bureau (the “Bureau”) or a Public Safety Answering Point (the “PSAP”) is considered “confidential information” to include:

A.  the names, addresses and telephone numbers of persons listed in the E9-1-1 databases;
B.  customer information described in MRSA Title 35-A § 7501 subsection 1 and omitted from telephone utility directory listings upon request of the customer;
C.  the name, address and telephone number of a caller to a PSAP; or 
D.  the name, address, telephone number of and any medical information about a person receiving emergency services through the E9-1-1 system.

I further understand that confidential information may not be utilized for commercial purposes and may not be disclosed in any manner except as follows, and in accordance with agency policy:

A.  to public or private safety agencies for processing emergency calls and providing emergency services.
B  to a law enforcement officer or law enforcement agency for the purpose of criminal investigations related to an E9-1-1 call; and
C.  to designees of the Bureau Director for the purpose of system maintenance and quality control.

I further understand that disclosing confidential information in violation MRSA Title 25 § 2929, subsection 2, or disclosing audio recordings of emergency calls to the E9-1-1 system in violation of subsection 4, is a Class E crime and may also result in disqualification for public safety answering point employment as found in Bureau personnel security clearance and data security standards for psaps.  (16-574 CMR § 1, subsection 3(H)).

_________________________    __________________________________    _______________
(signature of employee)		(employing agency)				(date)

(Note: This sample policy is for guidance and reference purposes to assist Public Safety Answer Points (PSAPs) in developing individualized policies.  Any policy adopted by a PSAP should be tailored to its specific situation and resources and comply with all applicable laws and regulations, including, without limitation, workplace safety and anti-discrimination laws.  Where appropriate, PSAPs should consult with legal counsel.  The State of Maine makes no representations with respect to the appropriateness of this sample policy as it pertains to individual PSAPs and assumes no liability with respect to any third-party claim.  This sample policy is of a general informational and educational nature.  This sample policy is provided with the understanding that it is not legal advice or intended to create an evidentiary standard, or a standard of care or safety that is not otherwise established in the industry. )