Can I collect personal information from participants in Arizona? What are the requirements?

Collecting Personal Information in Arizona

In Arizona, there are specific laws and regulations regarding the collection of personal information. The following documents provide relevant information:

• AZRS 44-1373: Restricted use of personal identifying information; civil penalty; definition
• AZRS 39-124: Releasing information identifying an eligible person; violations; classification; definitions
• AZAC Title 13, Chapter 1, Article 1, Section 11, R13-1-111: Information Deemed Useful for the Study and Prevention of Crime or the Administration of Criminal Justice
• AZRS 39-123.01: Personal identifying information of crime witnesses; confidentiality; definition
• AZRS 39-123: Information identifying eligible persons; confidentiality; definitions
• AZAC Title 13, Chapter 1, Article 1, Section 2, R13-1-102: Submission and Retention of Criminal Justice Information

Based on these documents, the following requirements must be met when collecting personal information in Arizona:

• Personal identifying information, such as social security numbers, cannot be intentionally communicated or made available to the general public [AZRS 44-1373].
• Social security numbers cannot be printed on any card required for an individual to receive products or services, unless required by state or federal law [AZRS 44-1373].
• The transmission of social security numbers over the internet must be secure or encrypted [AZRS 44-1373].
• Social security numbers cannot be required to access an internet website, unless a password or unique personal identification number or other authentication device is also required [AZRS 44-1373].
• Social security numbers cannot be printed on materials mailed to individuals, unless required by state or federal law [AZRS 44-1373].
• Personal identifying information of a witness to a crime contained in a record that is created or received by a law enforcement or prosecution agency and that is related to a criminal investigation or prosecution may not be disclosed by a public body pursuant to this article unless any of the following applies: 1. The witness consents in writing to the disclosure. 2. A court of competent jurisdiction orders the disclosure. 3. The witness’s address is the location where the crime occurred [AZRS 39-123.01].
• Nothing in this chapter requires disclosure from a personnel file by a law enforcement agency or employing state or local governmental entity of the home address or home telephone number of eligible persons. The agency or governmental entity may release the information in subsection A of this section only if either: 1. The person consents in writing to the release. 2. The custodian of records of the agency or governmental entity determines that release of the information does not create a reasonable risk of physical injury to the person or the person’s immediate family or damage to the property of the person or the person’s immediate family [AZRS 39-123].
• The chief officer of a criminal justice agency in this state shall ensure that criminal history record information is submitted to the Department’s Central State Repository as follows [AZAC Title 13, Chapter 1, Article 1, Section 2, R13-1-102]:
• A law enforcement agency shall submit arrest fingerprints to the Department through the AZAFIS or through the mail.
• A law enforcement agency shall submit any corrections to previously submitted arrest fingerprints to the Department by fax or mail on the “Correction of Arrest Information” form available from the Department.
• Law enforcement agencies, prosecutors’ offices, and courts shall submit dispositions related to an arrest fingerprint to the Department’s Central State Repository within 40 days from the disposition date.
• A court shall submit court orders that affect criminal history records to the Department’s Central State Repository.
• A county medical examiner shall provide to the Department’s Central State Repository a full set of 10 inked and rolled fingerprints of a deceased person whose death is required to be investigated by the county medical examiner’s office.

It is important to note that these requirements are not exhaustive and other laws and regulations may apply depending on the specific circumstances of the collection of personal information.

Therefore, before collecting personal information in Arizona, it is recommended to consult with legal counsel to ensure compliance with all applicable laws and regulations.

Jurisdiction

Arizona

• Privacy