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 Communication Bureau.

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

Retention of Records

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.	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, 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 the responsibility of Consolidated (CCI).  Notify the ESCB of any moves or relocations that require Consolidated’s attention.  In addition, no equipment other than 9-1-1 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 9-1-1 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.)

4/1/2019

ATTACHMENT A

SAMPLE

NONDISCLOSURE OF CONFIDENTIAL 9-1-1 INFORMATION (rev.04/19)

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

A.	The names, addresses and telephone numbers of persons listed in 9-1-1 databases 
B.	Names, addresses and telephone numbers that are omitted from a telephone utility directory list at the request of a customer 
C.	Personally identifying information of a caller to a public safety answering point 
D.	Personally identifying information of and any medical information about a person receiving emergency services through the 9-1-1 system
E.	Personally identifying information of any 3rd party, including, but not limited to, a minor, given during a telephone call to a public safety answering point 

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 criminal justice agency, as defined in Title 16, section 803, subsection 4, for the purposes of the administration of criminal justice, as defined in Title 16, section 803, subsection 2, and the administration of juvenile justice, as defined in Title 15, section 3308- A, subsection 1, paragraph A, related to an 9-1-1 call
C.	to designees of the Bureau Director for system maintenance and quality control 

I further understand that knowingly disclosing confidential information or disclosing audio recordings of emergency calls to the 9-1-1 system in violation MRSA Title 25 § 2929, 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. (65-625 CMR Chapter 1) 

------------------------------------------------	 ----------------------------------------		 ----------------
                     (signature of employee)            	     (employing agency) 		 (date) 

REFERENCE: 	MRSA 25 § 2929 
65 - 625 CMR Chapter 1: Standards for Establishing a Statewide Enhanced 911 System