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REFERENCE TITLE: civil action; invasion of privacy |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2703 |
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Introduced by Representatives Nutt: Biasiucci, Blackman, Bolick, Dunn, Finchem, Osborne, Udall
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AN ACT
amending title 12, chapter 6, article 12, Arizona Revised Statutes, by adding section 12‑721; relating to civil actions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 6, article 12, Arizona Revised Statutes, is amended by adding section 12-721, to read:
12-721. Civil liability; physical; constructive invasion of privacy; applicability; definition
A. A person is liable for damages in a civil action for either:
1. The physical invasion of privacy by knowingly entering onto the land or into the airspace above the land of another person without permission or trespassing for the purpose of capturing any type of visual image, sound or other physical impression of another person who is in a private, personal or familial activity and in a manner that is offensive to a reasonable person.
2. The constructive invasion of privacy by Attempting to capture, in a manner that is offensive to a reasonable person, any type of visual image, sound or other physical impression of another person who is engaging in a private, personal or familial activity through the use of any device, whether or not the person physically trespasses, if the visual image, sound or other physical impression could not have been captured by the person without trespassing and the use of the device.
B. This section applies only to a visual image, sound or other physical impression that is captured or taken in this state from and after December 31, 2020.
C. This section does not:
1. limit any other rights or remedies that the plaintiff may have in law or equity, including the publication of private facts.
2. Impair or limit any otherwise lawful acts by law enforcement personnel or employees of a government agency or any other entity, either public or private, that in the course and scope of the person's employment, and supported by an articulable suspicion, attempt to capture any type of visual image, sound or other physical impression of a person during an investigation, surveillance or monitoring of any conduct to obtain evidence of any of the following:
(a) Suspected illegal activity or other misconduct.
(b) Suspected violations of administrative rules or regulations.
(c) Suspected fraudulent conduct.
(d) Suspected activity involving a violation of law or business practices or conduct of public officials that adversely affects public welfare, health or safety.
D. For the purposes of this section, "private, personal or familial activity" includes all of the following:
1. Intimate details of the plaintiff's personal life under circumstances in which the plaintiff has a reasonable expectation of privacy.
2. Interaction with the plaintiff's family or significant others under circumstances in which the plaintiff has a reasonable expectation of privacy.
3. Any activity that occurs on a residential property under circumstances in which the plaintiff has a reasonable expectation of privacy.
4. Other aspects of the plaintiff's private affairs or concerns under circumstances in which the plaintiff has a reasonable expectation of privacy.