AGO 2001-03.

• Case Date: March 12, 2001
• Court: Indiana

Indiana Attorney General Opinions 2001. AGO 2001-03. March 12, 2001Advisory Opinion 2001-3The Honorable Richard D. Bray State Senator 210 East Morgan StreetMartinsville, Indiana 46151-6814Re: Accessing 911 Database.Dear Senator Bray: On March 12, 2001, you requested, a legal opinion on the following issues:

1. Can a police department or similar agency which has access to 911 database access the information in the database if no incoming 911 call is made or no emergency exists at a location?

2. Can such information be used by police agencies for criminal investigations or locating persons who may be wanted for criminal investigation or for arrest on criminal charges?

3. Who can access this information and under what circumstances other than administrative updates of optional information can this information be used?

BRIEF ANSWER Absent an emergency or an incoming 911 call, the police or a similar agency may not access the 911 database or use the information in that database for criminal investigations or for arrests on criminal charges. Conversely, if there is an emergency, a 911 call is often the first indication that a crime has taken place. Under those circumstances police authorities may obviously access that information. In addition, the only persons who should have access to the database are those who maintain it and those who need the information to respond to emergencies. Anyone who releases customer data, other than telephone location or service user (customer), through the 911 system without a court order in a non-emergency situation may be found guilty of a class A misdemeanor. LEGAL ANALYSIS Indiana law has very clear proscriptions on how 911 data may be used. Indiana Code 36-8-16-16(a) states:

Service suppliers shall provide upon request the necessary customer data to implement an enhanced emergency telephone system. Customer data provided to a county or municipality for the purpose of implementing or updating an enhanced emergency telephone system may be used only to identify the telephone location or service user, or both, and may not be used or disclosed by the county or municipality, or its agents or employees, for any other purpose unless the

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