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REFERENCE TITLE: electronic data; metadata; prohibited collection |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1331 |
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Introduced by Senator Ward
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AN ACT
AMENDING TITLE 41, CHAPTER 9, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 10; RELATING TO PROHIBITED ELECTRONIC DATA COLLECTION.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 9, Arizona Revised Statutes, is amended by adding article 10, to read:
ARTICLE 10. PROHIBITED COLLECTION
OF ELECTRONIC DATA AND METADATA
41-1494. Prohibited collection of electronic data and metadata; state treasurer; prohibited money transfers; penalties; exceptions
A. Notwithstanding any other law, regulation, rule or order, an agency or political subdivision of this state or an employee of an agency or political subdivision of this state acting in the employee's official capacity may not:
1. Provide material support or assistance in any form to any federal agency that claims the power to collect, or comply with any federal law, rule, regulation or order that purports to authorize the collection of, electronic data or metadata of any person pursuant to any action that is not based on a warrant that particularly describes the person, place and thing to be searched or seized.
2. Use any assets, state monies or monies allocated by this state to local entities on or after January 1, 2016, in whole or in part, to engage in any activity that aids a federal agency, federal agent or corporation providing services to the federal government in the collection of electronic data or metadata of any person pursuant to any action that is not based on a warrant that particularly describes the person, place and thing to be searched or seized.
3. Provide services or participate or assist in any way with the providing of services to a federal agency, federal agent or corporation providing services to the federal government that is involved in the collection of electronic data or metadata of any person pursuant to any action that is not based on a warrant that particularly describes the person, place and thing to be searched or seized.
4. Use any information in a criminal investigation or prosecution that was provided by any federal agency, agent or corporation providing services to the federal government that was obtained through the collection of electronic data or metadata of any person pursuant to any action that was not based on a warrant that particularly describes the person, place and thing to be searched or seized.
B. Notwithstanding any other law, the state treasurer may not transfer any monies to a political subdivision of this state in the fiscal year after a final judicial determination is made that the political subdivision of this state adopted a rule, order, ordinance or policy that intentionally violated this section.
C. Any agent or employee of this state or of any political subdivision of this state who knowingly violates this section is deemed to have resigned any commission from this state that the person may possess, the person's office is deemed vacant and the person is forever after ineligible to hold any office of trust, honor or emolument under the laws of this state.
D. THIS SECTION DOES NOT:
1. PROHIBIT THE USE OF ELECTRONIC DATA OR METADATA THAT IS VOLUNTARILY PROVIDED TO A FEDERAL AGENCY, FEDERAL AGENT OR CORPORATION PROVIDING SERVICES TO THE FEDERAL GOVERNMENT.
2. APPLY TO THE COLLECTION, PROVISION OR TRANSMISSION OF ELECTRONIC DATA OR METADATA IN THE NORMAL COURSE OF OPERATIONS OR RESEARCH BY A UNIVERSITY THAT IS UNDER THE JURISDICTION OF THE ARIZONA BOARD OF REGENTS. ANY ELECTRONIC DATA OR METADATA COLLECTIONS, PROVISIONS OR TRANSMISSIONS THAT ARE DONE IN THE COURSE OF UNIVERSITY OPERATIONS OR RESEARCH SHALL COMPLY WITH ESTABLISHED INSTITUTIONAL RULES AND REGULATIONS TO PROTECT THE APPROPRIATE PRIVACY AND SECURITY OF THE ELECTRONIC DATA OR METADATA.
3. APPLY TO DATA SHARING BETWEEN THIS STATE AND THE FEDERAL ENERGY REGULATORY COMMISSION.