Police release of emergency alerts and radio communications to media

(a) Definitions . For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning. CJIS . The Criminal Justice Information System maintained by the Federal Bureau of Investigation’s Criminal Justice Information Services Division. Department or HPD . The Honolulu police department. HCJDC . The Hawaii criminal justice data center, a Hawaii CJIS managed by the State department of the attorney general. Local Media Outlet . A professional news organization that operates within the city and: (1) Holds a valid broadcast license issued by the Federal Communications Commission; or (2) Regularly disseminates news to the public and meets one or more of the following: (A) Is listed as a recognized legal or public notice publication pursuant to HRS § 1-28.5; or (B) Has a verifiable history of professional journalism, including the employment of full-time editorial staff, adherence to a publicly-posted code of journalistic ethics, and a history of continuous publication or broadcasting for at least 25 years. NCIC . The National Crime Information Center, a national CJIS managed by the Federal Bureau of Investigation. Radio Communications . The timely transmission of voice, data, or alert information from an HPD dispatcher or responding HPD officer in the field to authorized recipients, occurring no more than 10 minutes after the occurrence, receipt, or entry of the information into the HPD communications system. Communications must be transmitted without intentional delay, queuing, or batching, and by means that ensure near instantaneous receipt under normal operating conditions. Timely Emergency Messaging Alerts . Messaging system alerts specifically sent to local media outlets for timely notification of in-progress incidents, to facilitate rapid public dissemination of information during situations involving imminent danger to life and property. The messaging alerts must be sent no more than 10 minutes after the occurrence, receipt, or entry of the information into the HPD communications system. At a minimum, the messaging alerts must include the following information: (1) Street name and block location of the incident; (2) Incident type; (3) Crime classification (under the Uniform Crime Classification Standard), as applicable; and (4) General description of the reported incident. (b) The chief of police shall adopt and implement a strategic plan and internal procedures for the timely release of certain public information to the media and the public, which must involve a written agreement between the department and local media outlets for the department to provide local media outlets with access to: (1) Timely emergency messaging alerts; or (2) Certain radio communications. (c) Timely emergency messaging alerts and access to certain radio communications may not include personally identifiable information or protected CJIS data, and must comply with all applicable constitutional provisions, laws, rules, regulations, agreements, and policies relating to privacy rights and the protection of personal information, including but not limited to: (1) The right to privacy under the Fourteenth Amendment of the U.S. Constitution and the Hawaii Constitution; (2) The Communications Act of 1934 (47 USC §§ 151 et seq.); (3) The Privacy Act of 1974 (5 USC § 552a); (4) The Electronic Communications Privacy Act of 1986 (18 USC §§ 2510 et seq., 18 USC §§ 2701 et seq., and 18 USC §§ 3121 et seq.); (5) The Freedom of Information Act (5 USC § 552); (6) Laws, regulations, and federal agency directives and policies governing “Law Enforcement Sensitive” and “For Official Use Only” data; (7) The CJIS Security Policy; (8) The NCIC System 2000 Operating Manual; (9) The NCIC 2000 Standards and Sanctions; (10) HRS Chapter 846 (relating to the HCJDC and civil identification); (11) HRS Chapter 138 (relating to 911 services); (12) HRS § 711-1111 (relating to the violation of privacy in the second degree); and (13) HRS Chapter 92F (the Uniform Information Practices Act). (d) Protection of privacy rights and personal information. (1) The department shall incorporate reasonable safeguards, including technology controls and redaction protocols, to ensure that the dissemination of timely emergency messaging alerts or access to certain radio communications do not compromise protected or restricted information. (2) Any willful violation of this subsection may result in disciplinary action or administrative sanctions, as determined by the chief of police in accordance with department policies and procedures. (e) Unlawful use of radio communications. (1) It is unlawful for any local media outlet or individual to record, reproduce, rebroadcast, or otherwise use radio communications obtained pursuant to this article for inclusion in any broadcast, publication, or digital distribution, unless the use is first authorized through a formal request made under the Freedom of Information Act (5 USC § 552) or the Uniform Information Practices Act (HRS Chapter 92F). (2) Violation of this subsection may result in the immediate suspension or termination of access privileges for the responsible media partner, as well as other remedies available under applicable laws or civil remedies.