From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania NewsMedia Association

Q: A man threatening suicide and acting erratically was shot and killed by police officers responding to calls for help. We want to listen to the 911 calls that prompted the officers’ response. Are they public under the Right to Know Law?

A: Under the Right to Know Law, 911 audio recordings and transcripts are not public records, however, agencies may release the records when there is a public interest in disclosure.

Note that time response logs are expressly public.

Section 708(b)(18) of the Right to Know Law exempts from public access:

“Records or parts of records, except time response logs, pertaining to audio recordings, telephone or radio transmissions received by emergency dispatch personnel, including 911 recordings.”

However, section 708(b)(18) also states: “This paragraph shall not apply to a 911 recording, or a transcript of a 911 recording, if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure.”

This provision gives the agency, or a court, discretion to release 911 audio and transcripts when it serves the public interest.

If an agency denies access to 911 audio or transcripts based on section 708(b)(18), requesters can appeal the decision. The Office of Open Records does not have the authority to order the release of 911 audio or transcripts, but the OOR will enter a final determination so that the agency’s decision can be appealed to a court.

Requesters appealing an agency’s denial of discretionary access to 911 audio or transcripts should cite section 708(b)(18) in their appeal and request expedited review by the OOR so that an appeal to court can be taken as quickly as possible.

Journalists should also be aware that section 708(b)(18) expressly provides public access to 911 time response logs, which should, at a minimum, contain the date, time of dispatch, time of arrival, and cross street or response location. Time response logs also frequently include the nature of the call (fire, EMS, police, etc.) and other information.