44-1376.02. Application

A. This article does not prevent any action by a law enforcement agency or any officer, employee or agent of a law enforcement agency to obtain public utility records, telephone records or communication service records in connection with the performance of the official duties of the agency.

B. This article does not prohibit a public utility, a telephone company or an entity that maintains communication service records from obtaining, using, disclosing or permitting access to any public utility record, telephone record or communication service record, either directly or indirectly through its agents:

1. As otherwise authorized by law.

2. With the lawful consent of the customer or subscriber.

3. As may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service or to protect users of those services and other carriers from fraudulent, abusive or unlawful use of or subscription to those services.

4. To a governmental entity, if the public utility, telephone company or entity that maintains communication service records reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information.

5. To the national center for missing and exploited children in connection with a report submitted under the victims of child abuse act of 1990 (42 United States Code section 13032).

C. This article does not prohibit a public utility, a telephone company or an entity that maintains communication service records from disclosing or permitting access to any public utility record, telephone record or other communication service record either directly or indirectly through its agents to the Arizona corporation commission for use in the performance of its duties.

D. This article does not apply to or expand on the obligations and duties of any public utility, telephone company or entity that maintains communication service records or its agents, employees or contractors to protect public utility records, telephone records or communication service records beyond those otherwise established by federal and state law, including the provisions governing customer proprietary network information in section 222 of the communications act of 1934 (47 United States Code section 222), as amended, and regulations promulgated under that section.

E. This article does not apply to a public utility, a telephone company or an entity that maintains communication service records or its agents or representatives who reasonably and in good faith act pursuant to this article, notwithstanding any later determination that the action was not authorized.