911 calls: public or private?

We've all listened to the replaying of the Michael Jackson 911 tape from his death in June of this year along with many others over the years.

I was shocked to find out today that 911 calls aren't always private. In fact, there has been a big debate over the last 11 years just on this subject.

In her article earlier this year, "An end to 911 call replays?," CNN Correspondent Carol Costello explains the answer is not so clear. She explains that Ohio Senator, Thomas Patton is trying to pass legislature to prevent the airing of the audible 911 calls without the family's consent. Patton states that he believes that airing actual 911 calls constitutes a violation of medical privacy in some cases and should be protected as such. Patton goes on to say that he feels people will be less likely to call 911 in an emergency for fear that the call will be aired.

However, according to the Director of the Reporters Commission for Freedom of the Press, Rebecca Daugherty, "when you use 911, you are using a public service. It is not a private matter. You are asking for governmental help of some sort." Daugherty goes on to explain that the public needs to know that the 911 system is functioning properly.

Currently, about 24 states ban or restrict public access to 911 tapes. Recently, the Louisiana Appellate Court ruled that releasing 911 tapes violated the family medical privacy rights. Amongst the most restrictive are Rhode Island, Wyoming, and Minnesota.

Where do we draw the line when it comes to medical privacy? We have HIPAA and other privacy laws that are so strict and will not allow reporters to access celebrity medical records. But now we allow the entire world to hear an agonizing, dying elderly woman as she calls for help when her bed is on fire? Eric Zorn of the Chicago Tribune wrote an interesting blog about this balance. He ended his blog with, "To exploit them is a disgrace. To protect them, a duty."

Jonathan S. Ware, MD