1. A. Designated database information is confidential, subject to the disclosure provisions of A.R.S. § 32-3249.01(B) and (C) and 9 A.A.C. 1, Article 3.

2. B. The Department:

   1. 1. Shall release designated database information in an annual data set;
   2. 2. May release designated database information in a customized data set; and
   3. 3. May release reports summarizing the designated database information, based upon information requested.

3. C. A person may request the release of designated database information by submitting to the Department:

   1. 1. A written request, in a Department-provided format, that includes:

      1. a. The name, mailing address, email address, and telephone number of the person submitting the request;
      2. b. If applicable, the name, title, email address, and telephone number of an individual from an organization specified according to subsection (C)(1)(a);
      3. c. The address to which released designated database information is to be sent;
      4. d. In which of the Department-specified, secure formats the person is requesting the released designated database information to be sent;

      5. e. If requesting the release of designated database information in a customized data set according to subsection (B)(2), the specific designated database information being requested, including:

         1. i. The specific Board or Boards,
         2. ii. The time period for the requested designated database information, and
         3. iii. Any other descriptors for the requested designated database information;
      6. f. The reason the person is requesting the release of designated database information;
      7. g. A description of the methods to be used by the person to ensure the privacy and security of released designated database information;
      8. h. Attestations that the person requesting the release of designated database information:

      9. i. Shall not use or disclose any portion of the released designated database information for any purpose other than a purpose specified according to subsection (C)(1)(f);

         1. ii. Shall safeguard the released designated database information from unauthorized access, including ensuring that the designated database information is not re-released to another person;
         2. iii. Shall not attempt to reidentify or contact individuals based on released designated database information;
         3. iv. Shall notify the Department upon learning the identity of an individual in the released designated database information;
         4. v. Understands that failure to ensure the privacy and security of released designated database information may result in denial of future releases of designated database information;
         5. vi. Understands that the Department retains ownership of the released designated database information;
         6. vii. Shall retain designated database information for a period of no more than five years from the date of release; and
         7. viii. Shall submit a certificate of destruction, in a Department-provided format, to the Department upon destruction of the released designated database information; and
         8. i. The dated signature of the individual specified according to subsection (C)(1)(b); and

   2. 2. Either:

      1. a. A fee of $100 for the release of designated database information in an annual data set, or
      2. b. A fee that covers the costs of the Department in producing and releasing designated database information in a customized data set.

4. D. A person may request the release of a report summarizing the designated database information or specific portions of the designated database information by submitting to the Department:

   1. 1. A written request, in a Department-provided format, that includes:

      1. a. The name, mailing address, email address, and telephone number of the person submitting the request;
      2. b. If applicable, the name, title, email address, and telephone number of an individual from an organization specified according to subsection (C)(1)(a);
      3. c. The address to which the released report is to be sent;

      4. d. The specific designated database information to be included in the summarized report, including:

         1. i. The specific Board or Boards,
         2. ii. The time period of the requested designated database information, and
         3. iii. Any other descriptors of the requested designated database information; and
      5. e. The dated signature of the individual specified according to subsection (D)(1)(b); and
   2. 2. A fee that covers the costs of the Department in producing and releasing the report.

Historical Note

New Section made by final rulemaking at 28 A.A.R. 2525 (September 30, 2022), effective November 7, 2022 (Supp. 22-3).