44-1376.01. Unauthorized or fraudulent procurement, sale or receipt prohibited; procedures to protect against disclosure

313 words·~1 min read·/az/title-44/44-1376-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A person shall not do any of the following:

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 section 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.