Oh I didn't know anybody actually took this approach. Which departments?Many agencies are still 100% in the clear, they simply don't broadcast PII over the air in order to comply with the DOJ mandate. Other agencies have an encrypted records channel, separate from the main dispatch channel. Unfortunately some agencies are using the mandate as an excuse to go 100% encrypted. SFPD's decision to broadcast the initial dispatch and disposition in the clear is one step shy of that. So I would hardly call this "the biggest compromise any department in California was willing to provide."
The bottom line is that if agencies want to encrypt everything, they can. All of the booking logs, incident logs etc. are public records, but there is no constitutional or legal right to listen to police communications.
All of Santa Clara County Law complained that they can't do that, because it reduces officers' situational awareness. They gave examples how they dispatch to a call, and that knowing information about a supposed suspect is important, but wouldn't been able to be said on the clear. Compromising officer safety. I thought this was silly reasoning especially for Santa Clara PD to say as they had for years utilized a separate records channel. Other smaller departments also added that they wouldn't have the funding to man another channel. I have seen some department announce that they will be taking an approach similar to San Francisco's but haven't seen anyone implement anything better.