ORS 403.132
Provision of location of cellular device to law enforcement agency
- rules
(1)
At the request of a law enforcement agency, a provider of communications service for cellular devices shall provide the call location information, or the best available location information, of a cellular device that is:(a)
Used to place an emergency call requesting emergency assistance from the law enforcement agency; or(b)
Reasonably believed to be in the possession of an individual that the law enforcement agency reasonably believes is in an emergency situation that involves the risk of death or serious physical harm to the individual.(2)
To facilitate requests for call location information, or the best available location information, from a law enforcement agency under this section:(a)
The Oregon Department of Emergency Management shall:(A)
Maintain a database containing emergency contact information for providers of communications service for cellular devices that are registered to do business in this state or that submit to the jurisdiction of this state; and(B)
Make the information immediately available upon request to a public safety answering point in this state.(b)
A provider that is registered to do business in this state, or that submits to the jurisdiction of this state, shall submit emergency contact information for the provider to the department.(3)
Emergency contact information submitted by a provider of communications service for cellular devices under this section must be submitted by June 15 of each year or immediately after a change in contact information.(4)
Notwithstanding the limitations of ORS 403.135 (When blocking of information prohibited) (3), a cause of action does not arise against a provider of communications service for cellular devices or the officers, employees or agents of the provider for providing call location information, or the best available location information, in good faith as required by this section.(5)
The department may adopt rules to implement this section.(6)
This section shall be known, and may be cited, as the Kelsey Smith Act. [2014 c.29 §2; 2015 c.247 §28; 2015 c.255 §1; 2021 c.539 §63](a)
Used to place an emergency call requesting emergency assistance from the law enforcement agency; or(b)
Reasonably believed to be in the possession of an individual that the law enforcement agency reasonably believes is in an emergency situation that involves the risk of death or serious physical harm to the individual.(2)
To facilitate requests for call location information, or the best available location information, from a law enforcement agency under this section:(a)
The Office of Emergency Management shall:(A)
Maintain a database containing emergency contact information for providers of communications service for cellular devices that are registered to do business in this state or that submit to the jurisdiction of this state; and(B)
Make the information immediately available upon request to a public safety answering point in this state.(b)
A provider that is registered to do business in this state, or that submits to the jurisdiction of this state, shall submit emergency contact information for the provider to the office.(3)
Emergency contact information submitted by a provider of communications service for cellular devices under this section must be submitted by June 15 of each year or immediately after a change in contact information.(4)
Notwithstanding the limitations of ORS 403.135 (When blocking of information prohibited) (3), a cause of action does not arise against a provider of communications service for cellular devices or the officers, employees or agents of the provider for providing call location information, or the best available location information, in good faith as required by this section.(5)
The office may adopt rules to implement this section.(6)
This section shall be known, and may be cited, as the Kelsey Smith Act.
Source:
Section 403.132 — Provision of location of cellular device to law enforcement agency; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors403.html.
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