Bill > HB2854

This bill, titled "Missing children; emergency information requests," amends Arizona law to allow parents of a missing minor child to make an emergency request for information to help locate their child, by submitting a sworn affidavit to a law enforcement agency or a "covered service provider" (defined as a telecommunications carrier, wireless service provider, internet service provider, or any entity collecting electronic subscriber or device location data) stating they have lawful custody, the child's location is unknown, the child is believed to be in imminent danger (which includes circumstances like coercion, trafficking, exploitation, sudden loss of communication, vulnerabilities, or hazardous conditions), and the information is necessary for locating the child. Upon receiving a valid affidavit, the covered service provider must disclose relevant information, such as the most recent known device location data, subscriber and account information, and the date/time of the last network activity, but not the content of communications, and must respond within two hours unless technically infeasible. This provision aligns with federal law and does not require a warrant for such emergency disclosures, nor does it limit a provider's ability to act on a good faith belief of emergency or disclose information when delay increases risk of harm, and providers acting in good faith are immune from liability. The bill also clarifies that this does not authorize access to communication content, real-time interception, continuous tracking, or disclosures for unrelated purposes, and requires the affidavit to be submitted to the court for review within 48 hours. Law enforcement agencies are to assist in facilitating these requests, and the Attorney General can bring civil actions for noncompliance, with knowingly submitting a false affidavit being a class 1 misdemeanor.

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https://apps.azleg.gov/BillStatus/BillOverview/84704