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United States Privacy News Technology

More States Are Hiding 911 Recordings From Families, Lawyers and the General Public (propublica.org) 114

Rhode Island is one of about a dozen states that prohibit the release of 911 recordings or transcripts without the written consent of the caller or by court order. The goal generally is to protect the privacy of callers in what may be one of the most stressful moments of their lives. From a report: But Rhode Island's restrictive law also keeps families in the dark about how the state's 911 system has responded to calls involving their loved ones, and it has left the public oblivious to troubling gaps in how the system is performing, according to an investigation by The Public's Radio and ProPublica. In March, the news organizations reported on the 2018 death of a 6-month-old baby in Warwick after a Rhode Island 911 call taker failed to give CPR instructions to the family. The lapse came to light after a family member who took part in the 911 call requested a copy of the recording.

In June, the news organizations reported on the death of Rena Fleury, a 45-year-old woman who collapsed while watching her son's high school football game in Cumberland last year. Four unidentified bystanders called 911. But none of the 911 call takers recognized that Fleury was in cardiac arrest. And none of them instructed the callers to perform CPR. The 911 recordings for Fleury were never made public. An emergency physician who treated Fleury testified about what happened during a state House committee hearing in March. Across the country, recordings of 911 calls for accidents, medical emergencies, mass shootings and natural disasters have provided insight into the workings of public safety systems and, in some cases, revealed critical failings.

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More States Are Hiding 911 Recordings From Families, Lawyers and the General Public

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  • by Shaitan ( 22585 ) on Tuesday July 16, 2019 @12:32PM (#58934882)

    As a rule 911 shouldn't be instructing people who aren't trained to perform CPR to do so. Most of the time it is more likely to result in injury even if done correctly and shouldn't be attempted by someone who isn't properly trained. Also, it opens the individual up to liability for that injury in many states. Of course the liability issue is worse for trained medical professionals, in many cases a doctor is both obligated to help by ethics rules AND liable for anything that goes wrong. People attempting to save someone's life or help in an emergency should be immune to liability for their efforts imho but not every state legislature agrees.

    • by tomhath ( 637240 )

      Also, it opens the individual up to liability for that injury in many states. Of course the liability issue is worse for trained medical professionals, in many cases a doctor is both obligated to help by ethics rules AND liable for anything that goes wrong.

      Completely wrong. Good Samaritan laws [wikipedia.org] are in place for exactly that reason.

      • by PCM2 ( 4486 )

        And what are those laws? Specifically, please explain the ones in my own jurisdiction?

        Also, this is America, where you can be sued by anyone for pretty much anything, at any time. Even if a court were to find that you were protected by a Good Samaritan law, that doesn't mean you wouldn't incur a financial hardship in defending yourself.

      • Not every place has Good Samaritan laws.

    • by guruevi ( 827432 )

      Good Samaritan laws apply everywhere. The problem is that 911 operators aren't doctors and thus can't instruct how or when to take medical action. Everyone should know to perform CPR if someone is down, not everyone does, nobody is obligated to.

      911 is a service, not the ambulance or emergency doctor on call and I wouldn't want anyone to just lookup my calls without consent.

      • Good Samaritan laws vary by state. However, first aid provided for cardiac arrest is pretty much universally protected from liability unless you do something incredibly negligent, like using a hammer to perform it.

    • by Uecker ( 1842596 )

      CPR should definitely be attempted by anybody. Doing nothing is worse than a broken rip.
      Here is what the American Heart Association has to say about this: Don't be afraid.

      https://cpr.heart.org/AHAECC/C... [heart.org]

      • by Shaitan ( 22585 )

        "CPR should definitely be attempted by anybody."

        CPR should NOT be attempted if the heart is working, especially if it is working but weakly making it hard for someone who isn't trained to detect. Every EMT/Paramedic I've ever known has been consistent on this point, you will absolutely wreck a body performing CPR correctly and it is a last ditch effort that fails 9 times out of 10. Do not attempt CPR unless you are confident their heart isn't beating and help will not get there in time, so confident that yo

        • by Uecker ( 1842596 )

          CPR should be applied for cardiac arres, yes. But current medical guidelines make it very clear that bystanders should apply CPR already when cardiac arrest is only suspected. The risk of applying CPR to a person not in CPR is very low while not applying CPR is often deadly. Citation: https://www.ncbi.nlm.nih.gov/p... [nih.gov]

        • by ilctoh ( 620875 )
          Paramedic here.

          You are incorrect - or, at least, incorrect based on our current understanding of cardiac arrest treatment.

          CPR instructions provided by 911 dispatchers are associated with lives being saved.

          Current AHA guidelines for Pediatric Basic and Advanced Life Support specifically call for chest compressions to be performed even if the infant has a pulse at a rate too low to sustain life. Chest compressions are unlikely to damage an infant's body, since much of their rib cage is still cartilage

          • by Shaitan ( 22585 )

            "I'll wait. Point me to any judgement made against a Good Samaritan acting in good faith, following reasonable procedures or acting on the instruction of a 911 dispatcher."

            You'll wait a long time. The burden of proof for your claim is on you so do your own homework. It is going to be hard to find since almost all such cases are settled with confidentiality requirements. Of course the qualifiers you listed are an attempt to bypass the biggest flaw in protections which are the "reasonable" mark. Reasonable is

            • by ilctoh ( 620875 )
              So your "proof" consists of a personal injury law firm suggesting that they'll be happy to represent you if you were injured by a Good Samaritan?

              The burden of proof is, actually, on you. You're alleging that you're opening yourself up to risk here. I'm simply asking for even a single example where this has happened.

          • Paramedic here.

            Non-paramedic here, who had the joyful experience shortly after my 19th birthday of finding myself alone with a screaming child, a gibbering mother, and an inert body which had formerly been her husband.

            Since this was a decade and a half before mobile phones, the next 3/4 of an hour were rather stressful.

            I knew, from mountaineering first aid guidelines, what to do. In theory. I discovered that it is easier to get a seal doing mouth-to-nose than mouth-to-mouth. I discovered that a corpse c

    • by sjames ( 1099 )

      If the person is INSTRUCTED to perform CPR by what a reasonable person would find to be a competent authority (911), then it would tend to reduce liability IF 911 owns up to it.

      Agreed about shielding from liability. Samaritan laws are a good thing.

    • Also, it opens the individual up to liability for that injury in many states.
      No, it does not. Giving first aid help in good faith is never punishable.

      Not giving it: is!

      • I suggest you read up on Good Samaritan laws across the US.

        Oklahoma, for example, only protects against liability when the first is performed for cardiac arrest or to staunch blood loss. Any other kind of first aid not protected. That means if you see someone choking in Oklahoma and perform the Heimlich maneuver, you aren't necessarily protected from liability if an injury occurs. Ditto for if you come across someone with a broken leg. Affixing a split, or carrying them to get further aid, can result in you

    • by ebvwfbw ( 864834 )

      That's not what they teach in class. I've been certified for 40 years. Started in high school.
      There are certain things you must to to determine if they are down. If you perform CPR on someone that their heart is beating they're still fine. You'll break the cartelege in their chest, however that's no big deal.

      You are not allowed to cut them open, however. You can clear an airway if you can get to the obstruction.

      If you've had a heart attack and I talk a guy through how to start CPR, that may be what saves yo

  • by Rockoon ( 1252108 ) on Tuesday July 16, 2019 @12:33PM (#58934884)
    If you had an "emergency app" that called 911 but also recorded the calls locally... then your family members would have less of a problem discovering what went down during your 911 call before you died.
    • 2 party laws notwithstanding, you still have to get around the ever-tightening rules that Google and Apple has laid out for 3rd party recording apps. Those same rules killed off more than a few killer apps in the last few months and some uses for it are legal.

  • by jwhyche ( 6192 ) on Tuesday July 16, 2019 @12:36PM (#58934890) Homepage

    Outside of evidence in court I can't see any reason for a 911 calls to ever be made public. Most of them are pretty routine calls, and the others can be pretty significant. The live recording of someone being murdered or something of the like. Other than in court I don't see any reason this information needs to be public where some fucktard can post it to youtube for the family of the victims to come across over and over.

    Note to self, add fucktard to user dictionary. You have been using it a lot.

    • Yeah, I'm trying to see the issue here. In my mind, the following section doesn't actually support the author's premise:

      "In June, the news organizations reported on the death of Rena Fleury, a 45-year-old woman who collapsed while watching her son's high school football game in Cumberland last year. Four unidentified bystanders called 911. But none of the 911 call takers recognized that Fleury was in cardiac arrest. And none of them instructed the callers to perform CPR. The 911 recordings for Fleury were n

      • But having access only during a court hearing with expert testimony explaining every second of the call stops the friends and family from espousing on social media that if the untrained idiots at 911 had just told them something, they could have saved Bob after his decapitation by jet-engined chainsaw. Because reasons and science and someone they knew at school survived dropping a brick on their foot.

        That's the real reason people are upset about a non-problem.

    • Much the same view. Are those the only options? (1) No access, (2) the caller and their lawyer, or (3) the entire world? [xkcd.com]

      Obviously the caller and any lawyer they have should have access, and the emergency responders. If they were calling about a crime, prosecutors and similar should have access for hopefully obvious reasons.

      The family of the person involved is a bit trickier. Generally yes, but edge cases are a nightmare in policy. Should someone in divorce proceedings who is stalking their soon-to-be-ex

    • by Cederic ( 9623 )

      It seems reasonable to me that they're made available to an inquest - not least because forcing a coroner to get a court order is merely a delaying tactic.

  • by x0 ( 32926 ) on Tuesday July 16, 2019 @12:50PM (#58934964) Homepage

    But none of the 911 call takers recognized that Fleury was in cardiac arrest.

    Do we really expect 911 operators to make medical diagnoses over the phone? While talking to untrained people who happened to dial 911?

    FFS...

    m

    • Do you expect an EMT to be a doctor? Do you expect someone with no pulse to sit there, get picked up by an ambulance, and dragged to a hospital to be declared dead? Or do you think it's worth doing something a bit sooner?

    • Being a doctor is too high a bar to be able to assist someone medically in an emergency. We're far better off trusting an EMT or registered nurse to save a life with an on-the-spot diagnosis rather than waiting until a doctor sees the victim. In fact, we're even better off having complete amateurs attempt to help via remote instruction, which is why it is attempted.

      This is the concept of the first responder, and 911 operators also fit into this mold. The quicker you can apply basic lifesaving procedures,

    • by ilctoh ( 620875 )
      Yes, absolutely!

      Do some research on what has gone into protocols for 911 Dispatcher Directed CPR (sometimes called 'DLS' or "Dispatch Life Support"). This isn't just a random person answering a phone and winging it. There are very specific protocols - questions asked of the caller, instructions given to the caller to assess the patient, the same question sometimes asked in multiple ways to ensure a consistent answer. CPR instructions are also given with a very specific formula. Dispatchers undergo speci

  • Now you know why information cannot be released to the public. But without the demand for transparency in public services, the secrecy will only grow, and services will degrade. Oh well...

    • by 1ucius ( 697592 )

      OTOH, I the bill's author has a point about “tabloid journalism." The media companies are not doing this out of their desire for public service; they want content of people in their worse moments.

      • Such is life... Secrecy defaults to abuse. We shouldn't have to depend on spies and whistleblowers to get at the truth when things go wrong.

        And, absent of facts, people will just make things up with all that fancy "deep fake" stuff.

  • Aside from the current questions at hand, "Make calls public", "Are 911 operators giving the right advice", a big problem with the existing system is the number of non-emergency calls to 911.

    “This means more than 257,000 calls to 911 were not emergencies in 2016,” said San Francisco Department of Emergency Francis Zamora, referring to the latest statistics available. San Francisco dispatchers receive about 3,500 calls a day, about a 1.2 million a year."
    http://www.ktvu.com/news/abuse... [ktvu.com]

    People who

    • But, but, but, I asked for mustard on my McBarf burger and they gave me ketchup. That IS an emergency!!!one!

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