§ 28-28a — Provision of subscriber information: Permitted purposes; confidentiality; agreement. Immunity from liability.

Connecticut § 28-28a

• Jurisdiction: Connecticut
• Title 28: Civil Preparedness and Emergency Services
• Ch. 518a: Emergency Telecommunications

Text

(a) A telephone company or voice over Internet protocol service provider, as defined in section 28-30b, shall forward to any public safety answering point or other answering point equipped for the enhanced 9-1-1 service or the next generation 9-1-1 telecommunication system the telephone number and street address of any telephone or device used to place a 9-1-1 call and may forward the latitude and longitude of any telephone or device used to place a 9-1-1 call, provided a voice over Internet protocol service provider shall be in compliance with this subsection if the provider complies with the requirements for forwarding such information in accordance with federal regulations and this chapter, provided the provisions of this chapter are not addressed by, or are not inconsistent with, federal law or regulations regarding the provision of enhanced 9-1-1 service and the next generation 9-1-1 telecommunication system in the state of Connecticut. Subscriber information provided in accordance with this subsection shall be used only for the following purposes: (1) Responding to 9-1-1 calls, (2) investigating false or intentionally misleading reports of incidents requiring emergency service, or (3) enabling emergency notification systems. Subscriber information collected in accordance with subdivision (3) of this subsection shall be used only in case of an emergency. Subscriber information provided pursuant to this subsection and any subscriber information or any telephone number, mailing address or electronic mail address provided to the state in order for the state to use such information in connection with an emergency notification system shall be confidential and shall not be subject to disclosure pursuant to the Freedom of Information Act, as defined in section 1-200. (b) Each month, the provider of the enhanced 9-1-1 service database shall provide to the Division of State-Wide Emergency Telecommunications an electronic copy of the current subscriber information maintained in the enhanced 9-1-1 service database. The division shall make such subscriber information available to the Department of Emergency Services and Public Protection and to each public safety answering point pursuant to a memorandum of understanding consistent with the provisions of this section. Each public safety answering point that has entered into such a memorandum of understanding shall make such subscriber information available to one or more of the municipalities within the public safety answering point's jurisdiction at such a municipality's request. (c) On or before October 1, 2009, the enhanced 9-1-1 service database provider and the Division of State-Wide Emergency Telecommunications shall enter into an agreement regarding the provision of the enhanced 9-1-1 service database information in accordance with subsection (b) of this section, including, but not limited to, payment for the costs incurred by the provider of the enhanced 9-1-1 service database in connection with the compilation of the enhanced 9-1-1 service database information. (d) No telephone company, certified telecommunications provider, provider of wireless telecommunications service, as defined in section 28-30b , pursuant to a license issued by the Federal Communications Commission, provider of prepaid wireless telecommunications service, voice over Internet protocol service provider or the officers, directors, employees, vendors or agents of any such company or provider shall be liable to any person or entity for release of the information specified in this section or for any failure of equipment or procedure in connection with the enhanced 9-1-1 service, an emergency notification system, or the next generation 9-1-1 telecommunication system established under sections 28-25 to 28-29b , inclusive.

Legislative History

(P.A. 84-416, S. 8, 15; P.A. 90-230, S. 46, 101; P.A. 07-106, S. 5; P.A. 09-86, S. 2; P.A. 11-22, S. 1; 11-51, S. 134; P.A. 12-153, S. 5; P.A. 16-150, S. 8.) History: P.A. 90-230 deleted internal references; P.A. 07-106 required voice over Internet protocol service providers to comply with section, provided them immunity from liability and added provision re providers' compliance with federal law, effective July 1, 2007; P.A. 09-86 designated existing provisions as Subsecs. (a) and (d), amended Subsec. (a) to add Subdiv. designators (1) and (2), add Subdiv. (3) re enabling emergency notification systems, and add provision exempting subscriber information from disclosure under Freedom of Information Act, added Subsecs. (b) and (c) re current subscriber information, amended Subsec. (d) to expand immunity from liability to include release or failure concerning an emergency notification system, and made conforming and technical changes, effective July 1, 2009; P.A. 11-22 amended Subsec. (a) to allow subscriber information collected for an emergency notification system to be used in any emergency and to exempt such information from disclosure pursuant to the Freedom of Information Act; pursuant to P.A. 11-51, “Department of Emergency Management and Homeland Security” was changed editorially by the Revisors to “Department of Emergency Services and Public Protection” in Subsec. (b), effective July 1, 2011; P.A. 12-153 amended Subsec. (d) by adding provision re telecommunications providers and their agents and making technical changes, effective January 1, 2013; P.A. 16-150 amended Subsec. (a) by adding references to next generation 9-1-1 telecommunication system, adding reference to device, adding provision re forwarding latitude and longitude of telephone or device and replacing “contained in 47 CFR 9” with “in accordance with federal regulations”, amended Subsecs. (b) and (c) by replacing “office” with “division”, amended Subsec. (d) by adding reference to definition in Sec. 28-30b and replacing reference to agents of company or provider with reference to officers, directors, employees, vendors or agents of company or provider, and made technical and conforming changes. Cited. 223 C. 731.