More police departments are encrypting their scanners, raising freedom of information concerns

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More police departments are encrypting their scanners, raising freedom of information concerns

Posted: 2:54 PM, Mar 23, 2019
Updated: 2019-03-23 20:54:20Z
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DENVER — This week, the Denver Fire Department dispatch communications begun encrypting its radio channels.
The department is following the move dozens of agencies across Colorado have already taken to restrict radio traffic as a safety and privacy precaution.

Protecting safety and privacy

The Aurora Police Department has been encrypting its radio traffic for about three years. For Harry Glidden, a division chief for APD’s policy compliance and professional standards, the move is all about public safety.

“It’s just safer for us to have our radio system encrypted,” Glidden said.

Whereas before listeners had to own specific radio equipment to tune in to certain channels, these days most emergency dispatch communications are streamed online for anyone with access to the internet.

Glidden says that has put the power in the hands of suspects to listen in on police communications to try to predict their moves.

“There had been several instances prior to our encryption of the radio system where we had gone out and people were listening to us live on the radio,” he said.
In one instance, Glidden said a car theft suspect used an app on his phone to listen in as officers pursued him.

“We were blocks away from him and he heard that we were on our way to him and he just started taking off and driving crazily,” he said.
That dangerous driving put police officers and the public at risk.

“The Planned Parenthood shooter was listening to the police real time,” Glidden said.

Aurora decided to make the move to encrypted frequencies as it upgraded its radio systems.

Beyond protecting communications between officers, for APD it’s a matter of privacy. Many times officers or dispatch communicators will relay personal information about suspects, victims, callers or witnesses to one another over the radio.

Some of that information might be considered HIPPA protected patient information and Glidden says it’s important to keep it out of the public reach.
“We want to protect their rights and their privacy as much as we can,” Glidden said.

Glidden likened it to redacting personal information out of police records when news organizations or the public files an open records request.

So far, Aurora Police say they haven’t gotten much negative feedback about the encryption and they do believe it is making their officers safer.

Moving toward encryption

The Denver Police Department is also moving toward encryption as it updates its radio systems.

Chief Paul Pazen says he came to the decision to encrypt radio communications after holding several stakeholder meetings and speaking with his staff.

“We recognized that there were some issues with community safety information being broadcast over our radio system,” Pazen said.

Pazen, too, says he has had several incidents where suspects were listening to police radio traffic that created an additional safety concern.

“Ultimately it’s a balance between the community safety issues and transparency and we think that we came up with the best solution,” Pazen said.

Denver Police and other agencies already have some encrypted channels for their tactical units. However, Pazen says those channels are not enough to alleviate the privacy concerns.

“That’s great for officer safety but nothing stops them from addressing and publicly broadcasting victim, witness and suspect sensitive information, that’s why you have to look at this holistically to identity what are the best solutions,” he said.

DPD is currently working with its legal department to come up with a consent agreement for media outlets to be able to listen to encrypted channels.

“We’re not just flipping a switch and going dark and telling the media to follow us on social media,” Pazen said.

However, the radios will cost newsrooms money and similar attempts by the Longmont Police Department did not go over well with local publications. The editor of the Longmont Times-Call refused to sign the agreement because he believed it would restrict their reporting. The two sides eventually came to a verbal agreement.

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