Committee advances Bill 46 on police dispatch access after debate on privacy and public safety

The Committee on Public Safety and Economy advanced Bill 46 on July 24, a measure that would require the Honolulu Police Department to provide certain public information to the media and public, after a contentious discussion about privacy, officer safety and timely public notification.

Acting representatives of the Honolulu Police Department told the committee they strongly oppose the bill as drafted. The department’s testimony said live dispatch audio routinely contains personally identifiable information and criminal justice data — including names, addresses and medical details — that federal and state rules and FBI Criminal Justice Information Services (CJIS) security policy specifically require agencies to protect. The department said releasing live radio communications could violate Hawaii Revised Statutes Chapter 138 and CJIS requirements and risk sanctions that would limit investigative tools.

“Releasing this information in real time would violate Hawaii revised statutes chapter 138, federal and state privacy laws on electronic communication, and the Criminal Justice Information Service or CJIS security policies,” the acting HPD representative said. The department described several alternatives already in development, including an expanded media team, a media alert system, a new media portal on HPD’s website with near‑real‑time calls-for-service data, and text-notification plans for credentialed outlets.

Media executives and broadcasters pressed for scanner or comparable access, saying the ability to receive real‑time dispatch information protects the public during fast-moving emergencies. Representatives from KHON, KITV, Hawaii News Now and the Hawaii Association of Broadcasters testified that losing analog scanner access after the city’s move to encrypted digital radios has reduced their ability to alert the public quickly during events such as wildfires, crashes and active incidents.

“We have nearly 40 years in local broadcasting, and I’ve seen firsthand how critical real-time information is during emergencies,” Chris Leonard of the Hawaii Association of Broadcasters told the committee. Broadcast leaders said stations have long self-regulated on privacy and urged a negotiated technical solution or credentialing process that preserves privacy while allowing timely alerts.

Committee members asked technical questions about interoperability with state and federal agencies, the CJIS rules, the department’s existing web-based calls-for-service feed (which HPD said carries a short delay now), and whether a written agreement between HPD and credentialed media outlets could address concerns. The acting police representative said the FBI’s CJIS policy defines who is eligible to access certain criminal justice information and that the media generally does not meet that “law enforcement nexus,” which would create legal impediments to providing live audio.

HPD said it would support the bill if the provision that requires written agreements granting media access to dispatch radio communications were removed; the department urged the committee to work with HPD on alternatives that provide timely, curated information without putting personal or investigative data at risk.

After discussion the chair recommended Bill 46 be reported out for second reading and scheduling of a public hearing so stakeholders can continue to negotiate technical and legal solutions. Council Member Okimoto registered a formal reservation on the report. The committee’s action sends the measure to the full council for further consideration and stakeholder engagement.

What’s next: Bill 46 will go to the full council for second reading and a public hearing; the committee requested additional legal and technical information — including clarifications about CJIS applicability and possible written protocols or delays for information release — for forthcoming debate.