PSD Legal Standards & Confidentiality Compliance 2 — Questions and Answers
Question 1: Under the Health Insurance Portability and Accountability Act (HIPAA), which category of information shared during a 911 call is most likely protected?
- Caller's street address
- Caller's medical condition described to the dispatcher (Correct answer)
- Caller's name as stated voluntarily
- The nature of the emergency (fire vs. medical)
Correct answer: Caller's medical condition described to the dispatcher
HIPAA protects individually identifiable health information, including medical conditions disclosed during emergency calls when the agency is a covered entity or business associate.
Question 2: A dispatcher receives a subpoena for a recorded 911 call. What is the correct first step?
- Release the recording immediately to comply with the court order
- Notify the agency's legal counsel or supervisor before releasing any records (Correct answer)
- Delete the recording to protect caller confidentiality
- Refer the subpoena directly to the caller
Correct answer: Notify the agency's legal counsel or supervisor before releasing any records
Subpoenas require legal review before compliance; counsel must verify the subpoena is valid and determine if any protective orders or exemptions apply.
Question 3: Which federal law specifically governs the privacy of criminal history records maintained by public safety agencies?
- Freedom of Information Act (FOIA)
- Privacy Act of 1974
- 28 CFR Part 20 (Criminal Justice Information Systems regulations) (Correct answer)
- Electronic Communications Privacy Act
Correct answer: 28 CFR Part 20 (Criminal Justice Information Systems regulations)
28 CFR Part 20 establishes regulations for the collection, storage, and dissemination of criminal history record information maintained by criminal justice agencies.
Question 4: A caller reports a domestic violence incident and requests that their identity not be disclosed to the suspect. Under most state confidentiality statutes, the dispatcher should:
- Guarantee complete anonymity in all circumstances
- Note the request and follow agency policy, as absolute anonymity cannot always be guaranteed (Correct answer)
- Refuse to take the report unless the caller identifies themselves
- Immediately disclose the caller's identity to responding officers for officer safety
Correct answer: Note the request and follow agency policy, as absolute anonymity cannot always be guaranteed
Dispatchers should acknowledge the request and follow agency policy; while caller identity may be protected from the public, officer safety needs can sometimes require disclosure to responding units.
Question 5: Which action by a dispatcher would constitute a violation of the Electronic Communications Privacy Act (ECPA)?
- Monitoring a radio channel used by officers in the field
- Recording all incoming 911 calls per agency policy
- Intercepting and disclosing private electronic communications without authorization (Correct answer)
- Reviewing CAD entries made by a fellow dispatcher during a shift handover
Correct answer: Intercepting and disclosing private electronic communications without authorization
The ECPA prohibits the unauthorized interception and disclosure of wire, oral, or electronic communications without proper legal authority.
Question 6: A media outlet submits a Freedom of Information Act (FOIA) request for all 911 call recordings from a specific date. The agency may lawfully withhold recordings that:
- Were made on weekends or holidays
- Contain ongoing investigation details that could compromise law enforcement operations (Correct answer)
- Lasted longer than two minutes
- Were transferred to another jurisdiction's dispatch center
Correct answer: Contain ongoing investigation details that could compromise law enforcement operations
FOIA exemption 7 protects law enforcement records whose disclosure could reasonably interfere with ongoing enforcement proceedings.
Question 7: A dispatcher accidentally sends a CAD incident report containing a juvenile victim's name to an unauthorized external email address. Under most state laws, the agency is required to:
- Quietly correct the mistake internally without further action
- Notify the affected individual or guardian and report the breach per data breach notification statutes (Correct answer)
- Destroy all copies of the report to prevent further exposure
- Transfer the case to federal authorities immediately
Correct answer: Notify the affected individual or guardian and report the breach per data breach notification statutes
Most state data breach notification laws require agencies to notify affected individuals and sometimes regulatory bodies when personally identifiable information is inadvertently disclosed.
PSD Legal Standards & Confidentiality Compliance 2
Under the Health Insurance Portability and Accountability Act (HIPAA), which category of information shared during a 911 call is most likely protected?