Arizona Confidentiality of Personal Identifying Information (AZ Rev Stat § 44-1373, et seq.)

Arizona Confidentiality of Personal Identifying Information

AZ Rev Stat § 44-1373, et seq.

 

Arizona Revised Statutes

Title 44 - Trade and Commerce

Article 17 - Confidentiality of Personal Identifying Information

§ 44-1373 - Restricted use of personal identifying information; civil penalty; definition

§ 44-1373.01 - Exceptions

§ 44-1373.02 - Restricted use of sequential numbers; definition

§ 44-1373.03 - Violation; civil penalty

 

44-1373. Restricted use of personal identifying information; civil penalty; definition

A. Except as otherwise specifically provided by law, beginning on January 1, 2005, a person or entity shall not:

1. Intentionally communicate or otherwise make an individual's social security number available to the general public.

2. Print an individual's social security number on any card required for the individual to receive products or services provided by the person or entity.

3. Require the transmission of an individual's social security number over the internet unless the connection is secure or the social security number is encrypted.

4. Require the use of an individual's social security number to access an internet web site, unless a password or unique personal identification number or other authentication device is also required to access the site.

5. Print a number that the person or entity knows to be an individual's social security number on any materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed.  This paragraph does not prohibit the mailing of documents that include social security numbers sent as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security number.  In a transaction involving or otherwise relating to an individual, if a person or entity receives a number from a third party, the person or entity has no duty to inquire or otherwise determine if the number is or includes that individual's social security number.  The person or entity may print that number on materials that are mailed to the individual, unless the person or entity that received the number has actual knowledge that the number is or includes the individual's social security number. This paragraph does not prohibit the mailing to the individual of any copy or reproduction of a document that includes a social security number if the social security number was included on the original document before January 1, 2005.

B. Notwithstanding subsection A, a person or entity that before January 1, 2005 used an individual's social security number in a manner inconsistent with subsection A may continue using that individual's social security number in that manner on and after January 1, 2005 subject to the following conditions:

1. The use of the social security number must be continuous.  If the use is stopped for any reason, subsection A applies.

2. Beginning in 2005, the person or entity must provide the individual with an annual written disclosure of the individual's right to stop the use of the social security number in a manner prohibited by subsection A.

3. If the individual requests in writing, the person or entity must stop using the social security number in a manner prohibited by subsection A within thirty days after receiving the request.  No fee or charge is allowed for implementing the request, and the person or entity shall not deny services to the individual because of the request.

C. This section does not prohibit the collection, use or release of a social security number as required by the laws of this state or the United States or for internal verification or administrative purposes.

D. Beginning on January 1, 2005, this state or any political subdivision of this state shall not use an individual's social security number on state issued or political subdivision issued forms of identification.

E. This section does not prohibit an agency of this state or a political subdivision of this state from disseminating or using the last four numbers of an individual's social security number.

F. A government agency shall not transmit to an individual material that contains both an individual's social security number and bank, savings and loan association or credit union account number.  This subsection does not prohibit the transmitting of documents that include social security and bank, savings and loan association or credit union account numbers as a part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security, bank, savings and loan association or credit union account number.

G. Except as otherwise provided by law, documents or records that are recorded and made available on the recording entity's public web site after the effective date of this amendment to this section shall not contain more than five numbers that are reasonably identifiable as being part of an individual's social security number and shall not contain an individual's:

1. Credit card, charge card or debit card numbers.

2. Retirement account numbers.

3. Savings, checking or securities entitlement account numbers.

H. Only the attorney general or a county attorney, or both, may commence a legal action for a violation of this section.

I. A person or entity is subject to a civil penalty of up to five hundred dollars for each act of recording that violates subsection G.  The civil penalty shall not apply to a person or entity that transmits the document for recording but has no authority for the creation of the document.

J. A county agency is not subject to civil liability for any action relating to information recorded pursuant to subsection G.

K. For the purposes of this section, "individual" means a resident of this state.

 

44-1373.01. Exceptions

This article does not apply to:

1. The use of social security numbers by the department of revenue or by a law enforcement agency of this state or a law enforcement agency of a county, city, town or other political subdivision of this state, except that these agencies must comply with section 44-1373, subsection A, paragraphs 2 and 5.

2. The use of social security numbers by an agency of this state in its administration of employee payroll, employee benefits and workers' compensation matters, except that the agency shall comply with section 44-1373, subsection A, paragraphs 1, 2, 4 and 5.

3. Documents or records that are recorded or required to be open to the public pursuant to the constitution or laws of this state or by court rule or order, and this article does not limit access to these documents or records.

4. An individual’s social security number that is printed or caused to be printed on a document by the individual.

5. The use of social security numbers by the industrial commission of Arizona or an interested party as defined in section 23-901, on documents or records related to a workers' compensation claim under title 23, chapter 6, except that the industrial commission or the interested party shall comply with section 44-1373, subsection A, paragraphs 1, 2, 3 and 4.

 

44-1373.02. Restricted use of sequential numbers; definition

A. Except as otherwise specifically provided by law, beginning on January 1, 2009, a person or entity shall not knowingly:

1. Print any sequence of more than five numbers that are reasonably identifiable as being part of an individual's social security number on any card required for the individual to receive products or services provided by the person or entity.

2. Print any sequence of more than five numbers that are reasonably identifiable as being part of an individual's social security number on any materials that are mailed to the individual, unless state or federal law requires the social security number to be on the document to be mailed.  This paragraph does not prohibit the mailing of documents to the individual that include social security numbers or any sequence of numbers contained in a social security number that is sent as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy of the social security number or sequence of numbers.

B. For the purposes of this section, "individual" means a resident of this state.

 

44-1373.03. Violation; civil penalty

A. A person or entity that knowingly or intentionally violates section 44-1373, subsection A, paragraph 2 is subject to a civil penalty of one hundred dollars for each violation.

B. All civil penalties received pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

 

For more information, see here:  https://www.azleg.gov/arsDetail/?title=44

 

These materials were obtained directly from the State Legislative websites and are posted here for your review and reference only.  No Claim to Original State Government Works.  This may not be the most recent version.  The State may have more current information.  We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to.  Please check the linked sources directly.

These materials were obtained directly from the U.S. Federal Government public websites, U.S. State Government public websites, or the International Government public websites and are posted here for your review and reference only. No Claim to Original U.S. Government Works, Original U.S. State Government Works, or Original International Government Works. This information may not be the most recent version. The U.S. Government, U.S. States, or International Governments may have more current information. We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to. Please check the linked sources directly.