Q: I’d like to review emergency time response logs from our county dispatch center related to fire, police and EMS. When I asked for access, the dispatch chief said 911 and other emergency response records are exempt under the Right-to-Know Law. Is that right?

A: No, the RTKL expressly requires public access to emergency dispatch time response logs, and it allows public access to dispatch audio recordings and transcripts when the agency or a court determines that the public interest outweighs any privacy interests.

Section 708(b)(18) allows an agency to deny access to records pertaining to audio recordings, telephone or radio transmissions received by emergency dispatch personnel including 911 recordings. However, this provision expressly requires public access to “time response logs” related to emergency dispatch services. The statute does not define “time response log” but in practice, most logs will include:

• The time a call was received.
• The time the dispatcher contacted responding units.
• The time the responding units received the dispatch.
• The time the responding unit arrived on the scene.
• The time the responding unit was cleared.
• The nature of the call.
• The response location.

Pennsylvania appellate courts have determined that time response logs must contain the location of the response, either the address or cross street. Cty. of York v. Pa. Office of Open Records, 13 A.3d 594 (Pa. Cmwlth. 2011). This is further impacted by 35 P.S. § 5399, which prohibits the release of a 911 caller’s, victim’s or witness’s name, telephone number and home address when the address is also the response location. This limitation does not apply to response locations that are not home addresses like businesses, public parks and government buildings. If a response location is the home address of a caller, victim or witness, the law requires public access to the closest cross street, mile marker or street block identifier.

Moreover, despite the exemption language related to audio and transcripts, the law allows the agency or a court to order release if it is determined that the public interest in disclosure outweighs the interest in nondisclosure. When requesting access to 911 audio or transcripts, it is important to explain why release serves the public interest.

As always, this is not intended to be, nor should it be construed as, legal advice.  Please consult your news organization’s attorney or the PNA Legal Hotline at (717) 703-3080 with questions.