EPIC Urges FCC to Protect Data of Callers to the 988 Crisis Hotline System

On Monday, EPIC filed reply comments to the Federal Communications Commission urging the agency to protect the data of callers to 988, the national suicide prevention hotline, to reassure callers about the service being safe to use.

The FCC’s proposed rule would require carriers to connect callers with a local crisis hotline, a process called georouting. Georouting is distinct from geolocation (used by 911), in that georouting only needs enough information to direct the call to a local call center; it does not need a precise, dispatchable location like 911 does. This can be particularly important if, for example, there is a local incident prompting multiple callers to dial 988; local crisis hotline staff will be more likely to be trained in how to support callers distressed about that incident. However, many callers to crisis hotlines have experienced non-consensual interventions (NCI) that resulted in stigma; medical bills for unwanted treatment, trauma, involuntary confinement; and other harmful and unexpected consequences of reaching out for help. As a result, they may be concerned that 988 is not safe to call. Even those who have not experienced NCI may be concerned about their privacy in dialing 988.

EPIC urged the FCC to protect and reassure 988 callers by prohibiting the collection of geolocation information when phone subscribers call 988 (but not changing geolocation rules for 911, to which 988 hotlines can refer calls). EPIC also urged the FCC to prohibit carriers from disclosing caller data to third parties even if the phone subscriber has opted in to sharing their calling data for other purposes and to require carriers and their vendors to meet basic cybersecurity standards if they collect or store 988-related data. EPIC also recommended that the agency use a georouting method that cannot collect more precise location data in the future and that it be transparent about the harms of NCI so that would-be 988 callers can be re-assured that the agency understands their fears. Finally, EPIC urged that if the FCC convenes stakeholders, the agency include hotlines that have opted not to participate in 988.

EPIC has filed several comments with the FCC regarding the privacy and safety of individuals contacting emergency services, as well as regarding phone subscribers in particularly vulnerable situations experiencing heightened risks from violations of their privacy.