Chapter 382 Oregon Laws 2003

AN ACT

HB 3107

Relating to disclosure of subscriber information of telecommunications utility; amending ORS 401.765.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 401.765 is amended to read:

401.765. (1) Each telecommunications utility or municipality that provides exchange access service or radio communications service and that provides automatic telephone number identification to public safety answering points [shall] may not block the number of the calling party from being forwarded on 9-1-1 calls.

(2) Automatic telephone number identifications received by public safety answering points are confidential and [shall not be] are not subject to public disclosure unless and until an official report is written by the public or private safety agency and that agency does not withhold the telephone number under ORS 192.410 to 192.505 or other state and federal laws. Nonpublished and nonlisted telephone numbers [shall] may not be included in official reports of public safety answering points and public and private safety agencies or otherwise be subject to public disclosure without the permission of the subscriber.

(3) Any telecommunications utility that in good faith provides confidential or nonpublic information, including nonpublished and nonlisted subscriber information, to emergency services providers who are responding to emergency calls placed to a 9-1-1 or an enhanced 9-1-1 emergency reporting system [shall not be] or notifying the public of an emergency is not subject to an action for civil damages as a result thereof. Nothing in this subsection [shall compel any] compels a telecommunications utility to provide nonpublished and nonlisted subscriber information directly to emergency services providers or law enforcement agencies prior to placement of an emergency call to a 9-1-1 or an enhanced 9-1-1 emergency reporting system without process of law. Any subscriber information acquired by a 9-1-1 jurisdiction for the purpose of enhancing a 9-1-1 emergency reporting system [shall not be] is not subject to public disclosure [or be] and may not be used by other public agencies [prior to receipt of] except:

(a) To respond to a 9-1-1 call; or

(b) If a telecommunications utility provides subscriber information to a 9-1-1 jurisdiction or emergency services provider, the 9-1-1 jurisdiction or emergency services provider may use the information to notify the public of an emergency by utilizing an automated telephone notification system.

Approved by the Governor June 16, 2003

Filed in the office of Secretary of State June 16, 2003

Effective date January 1, 2004

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