17.190 Emergency requests for call location information.
545 words·~2 min read·
/ky/chapter-17/17-190A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section:
(a)"Call location information" means the best available location information,
including but not limited to information obtained using historical cellular site
information or a mobile locator tool;
(b)"Emergency responder" has the same meaning as in KRS 194A.400;
(c)"Law enforcement agency" means any lawfully organized investigative
agency, sheriff's office, police unit, or police force of state, county, urban-
county government, charter county, city, consolidated local government, or a
combination of these, responsible for the detection of crime and the
enforcement of the general criminal laws, and excludes constables.
(d)"Public safety answering point" has the same meaning as in KRS 65.750;
(e)"Wireless communications device" means any wireless electronic
communication device that provides for voice or data communication between
two
(2)or more parties, including a mobile or cellular telephone; and
(f)"Wireless telecommunications carrier" means a provider of commercial
mobile radio services, including all broadband personal communications
services, wireless radio telephone services, geographic area specialized and
enhanced specialized mobile radio services, and incumbent wide area
specialized mobile radio licenses, which offer real-time, two-way voice
services interconnected with the public switched telephone network and doing
business in this Commonwealth.
(a)Upon a request from a public safety answering point or law enforcement
agency, a wireless telecommunications carrier shall provide call location
information concerning the wireless communications device of a wireless
telecommunications user to the requesting public safety answering point or
law enforcement agency, in order to respond to a call for emergency services
or in an emergency situation that involves the imminent risk of death or
serious physical injury.
(b)Local emergency responders seeking call location information under this
section shall direct inquiries to either a public safety answering point or a law
enforcement agency, and the highest ranking person on duty at the public
safety answering point or a law enforcement agency shall determine, in
consultation with the emergency responders in the jurisdiction in which the
emergency call or situation arose, whether the conditions under paragraph
of this subsection are met.
(3)Notwithstanding any other provision of law to the contrary, nothing in this section
prohibits a wireless telecommunications carrier from establishing protocols by
which the carrier could voluntarily disclose call location information.
(4)No cause of action shall lie in any court against any wireless telecommunications
carrier or its officers, employees, or agents for providing call location information
while acting in good faith and in accordance with this section.
(a)In order to facilitate requests for call location information in accordance with
this section, all wireless telecommunications carriers and all resellers of
wireless telecommunications doing business in the Commonwealth shall
submit emergency contact information to:
1. The Department of Kentucky State Police, for dissemination to law
enforcement agencies; and
2. The Kentucky 911 Services Board, as created in KRS 65.7623, for
dissemination to public safety answering points.
(b)The contact information required under this subsection shall be submitted
annually, or immediately upon any change in contact information.
(6)All public safety answering points and law enforcement agencies shall develop and
maintain policies and procedures regarding this section.
(7)Call location information gathered pursuant to this section shall not be disclosed to
any party who is not officially involved in the underlying emergency response.