A. This article does not prevent any action by a law enforcement agency or any officer, employee or agent of a law enforcement agency to obtain public utility records, telephone records or communication service records in connection with the performance of the official duties of the agency.

Terms Used In Arizona Laws 44-1376.02

  • 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.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • 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
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • 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
  • subscription: includes a mark, if a person cannot write, with the person's name written near it and witnessed by a person who writes the person's own name as witness. See Arizona Laws 1-215
  • 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

B. This article does not prohibit a public utility, a telephone company or an entity that maintains communication service records from obtaining, using, disclosing or permitting access to any public utility record, telephone record or communication service record, either directly or indirectly through its agents:

1. As otherwise authorized by law.

2. With the lawful consent of the customer or subscriber.

3. As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service or to protect users of those services and other carriers from fraudulent, abusive or unlawful use of or subscription to those services.

4. To a governmental entity, if the public utility, telephone company or entity that maintains communication service records reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information.

5. To the national center for missing and exploited children in connection with a report submitted under the victims of child abuse act of 1990 (42 United States Code § 13032).

C. This article does not prohibit a public utility, a telephone company or an entity that maintains communication service records from disclosing or permitting access to any public utility record, telephone record or other communication service record either directly or indirectly through its agents to the Arizona corporation commission for use in the performance of its duties.

D. This article does not apply to or expand on the obligations and duties of any public utility, telephone company or entity that maintains communication service records or its agents, employees or contractors to protect public utility records, telephone records or communication service records beyond those otherwise established by federal and state law, including 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.

E. This article does not apply to a public utility, a telephone company or an entity that maintains communication service records or its agents or representatives who reasonably and in good faith act pursuant to this article, notwithstanding any later determination that the action was not authorized.

 

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