 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
identifying information; records; confidentiality
Purpose
Clarifies that an eligible person may request that the general public be prohibited from accessing that person's identifying information and specifies that the request to redact a person's identifying information does not prohibit access to unredacted records of a county recorder by statutorily authorized parties.
Background
An eligible person who reasonably believes that the person's life or safety is in danger may request that the general public be prohibited from accessing identifying information relating to the eligible person in records that are maintained by the county recorder, county assessor, county treasurer or the Arizona Department of Transportation (ADOT). Identifying information may include an entire record or specified information contained in a record. An eligible person may request the prohibition by filing an affidavit that states information as prescribed by statute with the superior court in the county in which the eligible person resides. The affidavit and application form are developed by the Administrative Office of the Courts in agreement with an association of counties, an organization of peace officers and ADOT.
The ability of an eligible person to request that the general public be prohibited from accessing the person's identifying information does not prohibit access to unredacted records of a county recorder by: 1) parties to the instrument; 2) a law enforcement officer performing the officer's official duties; 3) a title insurer; or 4) an escrow agent licensed by the Department of Insurance and Financial Institutions. An eligible person includes: 1) a health professional; 2) an election officer; 3) a current and former public official; 4) a peace officer and their spouse; 5) a spouse or minor child of a deceased peace officer; 6) a justice; 7) a judge; 8) a commissioner; 9) a hearing officer; 10) a public defender; 11) a prosecutor; 12) a code enforcement officer; 13) an adult or juvenile corrections officer; or 14) additional public safety personnel, state agency personnel and crime victims as outlined by statute (A.R.S. §§ 11-483; 11-484; 28-454; 39-123; and 39-124).
A person is subject to a class 5 felony if the person knowingly makes the personal information of certain eligible persons available on the internet and if: 1) the dissemination of the personal information poses an imminent and serious threat to the safety of the eligible person or the eligible person's family; and 2) the threat is reasonably apparent to the person making the information available on the internet to be serious and imminent (A.R.S. § 13-2401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Clarifies that an eligible person may request that the general public be prohibited from accessing that person's identifying information in recorded instruments that are maintained by a county recorder, including any data that may be used directly or indirectly to identify that person's identifying information that is contained in:
a) the person's documents, instruments or writings recorded by a county recorder; or
b) the address of a property held in trust, if the person is a public official.
2. Specifies that the ability of an eligible person to request that the general public be prohibited from accessing the person's identifying information does not prohibit access to unredacted records of a county recorder by parties outlined by statute.
3. Defines identifying information as any recorded data or information that alone or in connection with other records has the capability of uniquely identifying, tracing or authenticating:
a) a specific individual;
b) a specific individual's ownership interest in any entity; or
c) a trust in which a specific individual is a trustee, trustor or beneficiary.
4. Specifies that identifying information:
a) includes a full name, maiden name or alias, government-issued identifiers, unique digital or device identifiers, sensitive personal data, or any other information that reasonably enables identification through analysis, correction or linkability; and
b) does not include a parcel number, the legal description of a property, a property address or any other property identifier.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
House Action
GOV 2/11/26 DP 7-0-0-0
3rd Read 3/3/26 54-2-3-0-1
Prepared by Senate Research
March 23, 2026
AN/ci