NY Legislative Update: Police Transparency Legislation (A.11199A & S.10079) Passes

For nearly 90 years, journalists have been able to access police communications by using scanners.  Over the past several years, however, law enforcement agencies have started to encrypt their communications.  As a result, broadcast journalists have been unable to access basic dispatch information, making it difficult, if not impossible, to know about police activity in their community.  This is especially true in Nassau County and New York City.

Law enforcement agencies argue that encryption is necessary in order to prevent criminals from accessing police communications.  We agree criminals should not have access.  However, in the 90 years journalists have had access to police communications, there has never been an instance where a journalist helped a criminal or endangered the safety of a law enforcement officer.

This legislation would give professional journalists access to basic dispatch information.  The New York Secretary of State would establish rules governing access.  Only journalists that qualify under the New York State Shield law would be eligible.  The Secretary of State already made a similar decision regarding the ability of a professional journalist to purchase body armor under the New York gun law.  

Journalists would have access to basic dispatch information.  They would not be allowed to access sensitive information, which would:  

• deprive a person of a right to a fair trial or impartial adjudication.

• identify a confidential source or disclose confidential information relating to a criminal investigation.

• reveal criminal investigative techniques or procedures, except routine techniques and procedures.

• reveal the location, activity or identity of undercover operations or undercover personnel; or

• reveal the location and movement of government officials that are not otherwise made public.

All communications involving the Department of Corrections are expressly excluded under the legislation.  Also, the legislation specifically excludes private communications between two devices, such as a cellular telephone, or the transmittal of data to or from a mobile data terminal, tablet, text messaging device, or similar device.  Thus, on-site tactical information, personal, and background information will be kept confidential under the legislation.  Moreover, this type of information is currently transmitted via a separate channel or on a cell phone and is not accessed by journalists or the public.  

This legislation passed last year but was vetoed by the Governor.  The new version addresses the Governor’s concerns.  We will be working with Governor Hochul’s office to sign the legislation into law.

You can see the Police Transparency Act here.

You can see NYSBA’s letter supporting the legislation here.