Arizona Laws 44-1376.01. Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure
A. A person shall not do any of the following:
Terms Used In Arizona Laws 44-1376.01
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Communication service record: includes subscriber information, including name, billing or installation address, length of service, payment method, telephone number, electronic account identification and associated screen names, toll bills or access logs, records of the path of an electronic communication between the point of origin and the point of delivery and the nature of the communication service provided, such as caller identification, automatic number identification, voice mail, electronic mail, paging or other service features. See Arizona Laws 44-1376
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means an individual, corporation, partnership, association, joint stock company or trust, limited liability company, government or governmental subdivision or agency or any other unincorporated organization. See Arizona Laws 44-1801
- Procure: means to obtain by any means, including electronically, in writing or in oral form, with or without consideration. See Arizona Laws 44-1376
- Public utility: includes public service corporations, municipally owned systems and districts subject to article XIII, section 7, Constitution of Arizona, power districts, electrical districts, agricultural improvement districts or irrigation and water conservation districts established pursuant to Title 48, Chapter 11, 12, 17 or 19. See Arizona Laws 44-1376
- Public utility record: includes customer information, including name, billing or installation address, length of service, payment method or any other personal identifying information. See Arizona Laws 44-1376
- sell: means a sale or any other disposition of a security or interest in a security for value and includes a contract to make such sale or disposition. See Arizona Laws 44-1801
- Telephone: means any device that is used by a person for voice communications in connection with the services of a telephone company whether the voice communications are transmitted in analog, data or any other form. See Arizona Laws 44-1376
- Telephone company: means any person that provides commercial telephone services to a customer, irrespective of the communications technology that is used to provide the service, including:
(a) Traditional wire line or cable telephone service. See Arizona Laws 44-1376
- Telephone record: means information that is:
(a) Retained by a telephone company and that relates to the telephone number dialed by the customer or the incoming number of the call directed to a customer or other data related to such calls typically contained on a customer telephone bill, including the time the call started and ended, the duration of the call, the time of day the call was made, any charges applied and any information that indicates the location from which or to which the call was made. See Arizona Laws 44-1376
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. Knowingly procure, attempt to procure, solicit or conspire with another to procure a public utility record, a telephone record or communication service record of any resident of this state without the authorization of the customer to whom the record pertains or by fraudulent, deceptive or false means.
2. Knowingly sell or attempt to sell a public utility record, a telephone record or communication service record of any resident of this state without the authorization of the customer to whom the record pertains.
3. Except for the Arizona Corporation Commission in the performance of its official duties, receive a public utility record, a telephone record or communication service record of any resident of this state knowing that the record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive or false means.
B. Entities that maintain communication service records, telephone records or public utility records of a resident of this state shall establish reasonable procedures to protect against unauthorized or fraudulent disclosure of such records that could result in a substantial harm or inconvenience to any customer. No private right of action is authorized under this subsection. For the purposes of this subsection, a telephone company‘s procedures are reasonable if the telephone company complies with the provisions governing customer proprietary network information in section 222 of the communications act of 1934 (47 United States Code § 222), as amended, and regulations promulgated under that section.
C. Any personal information that is contained in a telephone record, public utility record or communication service record that is obtained in violation of this article is inadmissible as evidence in any judicial, administrative, legislative or other proceeding unless that information is offered as proof in an action or prosecution pursuant to this article or is otherwise authorized by law.