Indiana Code 36-8-16.7-41. Providers’ duty to provide user data to PSAPs; permissible uses by PSAP; violations; contracts between providers and users
(1) a user;
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 1 year | up to $5,000 |
Terms Used In Indiana Code 36-8-16.7-41
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- place of primary use: means the street address representative of where a customer's use of communications service primarily occurs, which must be:
Indiana Code 36-8-16.7-16
- provider: means a person or entity, or an affiliate of a person or an entity, that:
Indiana Code 36-8-16.7-19
- PSAP: refers to a public safety answering point:
Indiana Code 36-8-16.7-20
- user: refers to :
Indiana Code 36-8-16.7-21
(3) the information described in both subdivisions (1) and (2);
and may not be used or disclosed by the PSAP, or its agents or employees, for any other purpose unless the data is used or disclosed under a court order. A person who recklessly, knowingly, or intentionally violates this subsection commits a Class A misdemeanor.
(b) After May 31, 1988, a contract entered into between a provider and a user who has an unlisted or nonpublished telephone number (or other functionally equivalent identification number) may not include a provision that prohibits the provider from providing the user’s telephone number (or other functionally equivalent identification number) to a PSAP for inclusion in a 911 system data base. A provider (other than a provider who, before June 1, 1988, has contracted to not divulge a subscriber’s unlisted or nonpublished telephone number (or other functionally equivalent identification number)) shall provide a requesting PSAP with the name, telephone number (or other functionally equivalent identification number), and place of primary use for each user of the provider. A PSAP may not release a telephone number (or other functionally equivalent identification number) required to be provided under this subsection to any person except as provided in subsection (a).
(c) A provider may amend or terminate a contract with a user if:
(1) the contract contains a provision that prohibits the provider from providing the user’s telephone number (or other functionally equivalent identification number) to a PSAP for inclusion in a 911 system data base;
(2) the exclusion of the telephone number (or other functionally equivalent identification number) from the data base would negate the purpose of this chapter; and
(3) the user is notified of the proposed amendment or termination of a contract at least one hundred eighty (180) days before the provider takes action.
As added by P.L.132-2012, SEC.20.