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msar-riders - Re: [MSAR] recording

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Subject: Mounted search and rescue

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  • From: "Irvin Lichtenstein " <ilichten1@verizon.net>
  • To: "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
  • Subject: Re: [MSAR] recording
  • Date: Fri, 09 Apr 2010 15:48:29 -0400

There are two sets of rules in every jurisdiction-- one for news or public
events and one for what are usually considered private conversations.
If you are at a public event, even if you had to get a ticket, you are
generally expected to allow the event to video and audio record what is
happening on the field and in the stands. Many venues post notices if news
crews have been invited or expected.

A private conversation is protected by common law or statute. In NJ and
reportedly in NM if one side of the conversation says yes that is enough for
non-public recording. In PA all parties to the conversation must agree under
state law.

Federally, radio transmissions that are not encrypted and are not considered
phone calls can be used by a third party for anything they want and can
monitor. However, cable/microwave tapping is prohibited. In some states
certain calls must be recorded by statute-- calls to a 9-1-1 center for
instance, but under the PA Right to Know Act 9-1-1 calls are not releasable
public records, they must be kept secure unless a court order releases them.


We were instructed during class that if we wanted to record an interview
during the search with a witness or clue person the recorder must be in
sight where they can see whether it is on and they must give permission on
the tape and identify themselves. In NJ nobody cared and everybody assumed
everybody was wired anyway.

I am pasting in what our insurance carrier wanted us to adopt as a camera
phone SOG as an example:

SE-003-080725 Use of Cell Phones, Cameras, and Similar Devices

I. Purpose: This Standard Operating Guideline is formulated to provide
policy guidance for members using photographic or video recording devices or
transmitting mission related data to other members, the press, subject
family members, or other officials. The guidance in this guideline has been
developed based on materials furnished by VFIS, SEPASAR's insurance carrier,
Federal HIPPA guidance, and other official sources.
II. Use of Devices, Generally: It is permissible for a member to use
their personal camera or recording device to record what they consider to be
significant evidence and transmit same to the command post or other
destination as directed by the Incident Commander or his delegate.
III. Prohibited Uses, Generally: It is not permitted to transmit images
or voice recordings or make live statements to persons the member has not
been given permission to do so by the Incident Commander or his delegate and
is not under compulsion of a court order to make such statements or deliver
evidence.
IV. Specific Prohibitions:
A. Medical Conditions: It is prohibited by HIPPA and other federal
regulations to transmit identifiable medical information to any person the
patient has not authorized and or is not involved in the emergency care of
that person if they are not capable of giving written consent. Example:
pictures of the patient indicating the mechanism of injury may be
appropriately transmitted to the medical command physician on his order so
that treatment may be more appropriately guided.
B. Evidence: Images of clothes, tracks, vehicles, bodies, or other
tangible evidence shall not be transmitted except under direct order of the
Incident Commander or his delegate and then only to the designated receiver.
No images of deceased persons or animals shall be transmitted without the
authorization of the coroner or medical examiner in addition to the Incident
Commander.
C. Identifiable Persons: No image of an identifiable person, dead or
alive, shall be transmitted without that person's consent unless the image
is considered evidence, as in identifying a witness or a suspect or the
subject. The issuance of flyers or wanted posters shall constitute release
of the image to the audience the flyers or posters are directed to.
V. Penalties: Any member violating this policy or guideline shall be
referred for discipline in accordance with the established SEPASAR
guidelines and Bylaws. In addition to expulsion the penalty may include
indemnification of SEPASAR against the civil or other damages that may be
imposed by the civil authorities.

-----Original Message-----
From: msar-riders-bounces@lists.ibiblio.org
[mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of Una Smith
Sent: Friday, April 09, 2010 3:21 PM
To: Mounted search and rescue
Subject: Re: [MSAR] What are your top priorities for training?

ES wrote:
>>I always have a small voice recorder with me, I record everything from
>>direction to coordinates and other events on the filed .
[...]

Irvin Lichtenstein wrote:
>Check your local jurisdiction about recording audio. Recording audio
>without permission of everybody in the room, on the phone or radio circuit,
>is prohibited in PA under a 1927 wire tap law. Video without sound is OK.
>There may be federal implications as well, but usually only end has to give

>permission there.





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