Arizona's Public Records Law

Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

ARIZONA’S PUBLIC RECORDS

LAWS

INTRODUCTION

Arizona law requires all public officers and public bodies to

maintain records reasonably necessary to provide an accurate

accounting of their official activities and of any government funded

activities.

Public records must be open to inspection by any person at

all times during office hours.

An officer is any person elected or appointed to hold an office of

a public body or any chief, administrative officer, head, director,

superintendent or chairman of any public body.

Public bodies

include the state, counties, cities, towns, school districts, political

subdivisions or special taxing districts and any branch, department,

board, bureau, commission, council or committee thereof.

Records are books, papers, maps, photographs or other

documentary materials, regardless of physical form or characteristics,

made or received by any governmental agency in pursuance of law or

in connection with the transaction of public business and preserved by

the agency or its legitimate successor as evidence of the organization,

functions, policies, decisions, procedures, operations or other

activities of government. The following are examples of public

records:

• permits and permit application forms;

• official records of proceedings of state boards and commissions;

• taxpayers’ property tax valuations;

• records of expenditures of public monies;

• official records of proceedings of state boards and commissions;

and

• public officer and state employee disciplinary records.

The Director of the Arizona State Library, Archives and Public

Records (ASLAPR) is responsible for the preservation and management

Note to Reader:

The Senate Research Staff

provides nonpartisan, objective

legislative research, policy

analysis and related assistance

to the members of the Arizona

State Senate. The Issue Briefs

series is intended to introduce a

reader to various legislatively

related issues and provide

useful resources to assist the

reader in learning more on a

given topic. Because of

frequent legislative and

executive activity, topics may

undergo frequent changes.

Nothing in the Brief should be

used to draw conclusions on

the legality of an issue.

Arizona State Senate

Issue Brief

December 6, 2022

A.R.S. § 39-121.01

A.R.S. § 41-121

A.R.S. § 38-101

A.R.S. § 41-151

A.R.S. § 41-151.05

Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

of all government records, including electronic

records, except for those of the Legislature and the

courts. Statute requires that the Director of

ASLAPR, on request, assist and advise in the

establishment of records management programs in

the legislative and judicial branches of the state.

Additionally, ASLAPR provides training in records

management for any governmental entity around

the state.

All public records, including electronic

records, not currently in use by state officers and

departments, counties and incorporated cities and

towns, must be deposited in ASLAPR.

In 2019, the Legislature established the

Trusted Electronic Records Repository

(Repository) to keep, preserve, secure and make

available the State Archives' electronic and

digital records. The Director of ASLAPR

administers the Electronic Records Repository

Fund to maintain the Repository.

MAINTENANCE OF RECORDS

Each officer and public body is responsible for

preserving, maintaining and caring for the records

within their offices. The records must be secured,

protected and preserved from deterioration,

mutilation, loss or destruction, unless disposed of

in accordance with prescribed standards.

Permanent public records must be kept or

transcribed on paper or other material that is of

durable or permanent quality and stored and

maintained according to standards established by

the Director of ASLAPR. Statute allows each

agency of the state or of a political subdivision to

implement a program for the production or

reproduction on film or electronic media of

records in its custody with approval from the

Director of ASLAPR.

Additionally, Arizona’s Uniform Real

Property Electronic Recording Act of 2005

allows a county recorder to receive, index, store,

archive and transmit electronic documents and

provide for access to documents and information

Public Records Laws 2

by electronic means.

A county recorder may also

convert paper documents accepted for recording

into electronic form.

The head of each state and local agency must

submit to the Director of ASLAPR, in accordance

with the established standards, schedules

proposing the length of time each record should

be retained, a list of public records that are not

needed in the transaction of current business and

a list of all essential public records in the custody

of the agency.

PUBLIC ACCESS

Any person may request to examine a public

record or be furnished copies, printouts or

photographs of any public record not available on

the Internet during regular office hours. The

custodian of public records is required to

promptly furnish them, except under certain

circumstances that have been established by

federal and state statute and rule and the Arizona

courts. However, the records custodians of most

state agencies, if asked, must furnish an index of

records or categories of records withheld and the

reasons why. The list must not include any

confidential or privileged information.

A person may request a records custodian to

mail a copy of any public record not available on

the Internet. An agency may, with exceptions,

charge a fee it deems appropriate for copying

records, including a reasonable amount for the

cost of time, equipment and personnel used in

producing copies of records, but not for costs of

searching for the records. The custodian may

collect the fee before the records are furnished.

All copies must be made while the document is

under the custodian’s supervision.

An entity subject to a public records request

must provide, on the entity's website, the contact

information of the employee or department that is

authorized and able to provide the requested

information. The contact information must

include the employee or department's name,

A.R.S. § 41-151.09

Laws 2019, Chapter 275

A.R.S. § 39-121.01

A.R.S. § 11-487.02

Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007

telephone number and email address. Unless an

entity sends an automated receipt of a submission

of a public records request through a centralized

online portal, the authorized employee or

department must send a receipt of a person's

public records request submission within five

business days.

Commercial Purpose

Statute specifically addresses the use of

public records for commercial purposes. A

commercial purpose refers to the use of a public

record for sale or resale or for producing a

document that contains all or part of the record

for sale or to obtain names and addresses to

solicit or sell to another for any purpose in which

the purchaser can reasonably anticipate monetary

compensation. The use of records as evidence or

research for evidence in any judicial or quasi-

judicial body is not a commercial purpose.

A person who requests a copy of a public

record for a commercial purpose must provide a

statement setting forth the purpose for which the

record will be used and may be charged a

different fee from that charged for a

noncommercial purpose. However, if the

custodian of records in any public body believes

that a stated commercial purpose is a misuse of

public records, the custodian may request the

Governor to issue an executive order prohibiting

the furnishing of the record for that purpose. If no

order is issued within 30 days of application, the

custodian must furnish the record.

If a person does not clearly state the

commercial purpose at the time of request or uses

the record for a purpose other than that stated,

damages in the amount of three times what would

have been charged for the actual commercial

purpose must be paid to the state or political

subdivision, plus costs and attorney fees, or, if

the public record would not have been provided

for the actual commercial use, an amount of three

times the actual damages.

Public Records Laws 3

CIRCUMSTANCES FOR DENIAL

In Arizona, the presumption is for disclosure

of public records. The Arizona courts have found

that the custodian of public records may deny

inspection only in the following three

circumstances: 1) the record is made confidential

by statute; 2) the record involves the privacy

interests of a person; or 3) disclosure would be

detrimental to the best interests of the state.

Confidentiality

In addition to federal law, there are more than

300 Arizona statutes that address the

confidentiality of records. Administrative rules

may also limit disclosure of certain information.

When confidential and public information are

commingled in a single document, a copy of the

document may be made available for public

inspection with the confidential material redacted.

Personal Privacy

Under this exception, the custodian has

discretion to deny public inspection when the

disclosure would invade privacy and that invasion

outweighs the public’s right to know.

As it is not addressed in Arizona’s public

records statutes, the Arizona Supreme Court

relies on the federal definition of privacy, which

states that information is private if it is intended

for or restricted to the use of a particular person

or group of persons and the privacy interest

encompasses the individual’s control of

information concerning his or her person. Courts

have found that a person has a privacy interest in

their date of birth and home address.

Best Interest of the State

The Arizona Supreme Court has recognized

that an officer or custodian of public records may

refuse inspection of public records to protect the

best interest of the state where inspection might

lead to substantial and irreparable private or

public harm. The standard “detrimental to the best

A.R.S. § 39-121.01

 
Arizona Senate Research Staff, 1700 W. Washington Street, Phoenix, AZ 85007 
interest  of  the  state”  allows  a  public  body  to 
designate a record as confidential only when the 
release  of  information  would  have  a  harmful 
effect on the duties of the officials or agency in 
question.  A  record  may  not  be  labeled 
confidential  to  save  an  officer  or  public  body 
from inconvenience or embarrassment.  
Thus,  public  officers  must  balance  the 
possible adverse impact on the operation of the 
public  body  if  the  information  in  question  is 
disclosed  against  the  public’s  right  to  be 
informed  about  the  operations  of  its 
government.  When  a  public  officer  determines 
that the harm to  the state outweighs the  public 
right  to  disclosure  of  a  document,  the  officer 
has the burden of specifically demonstrating the 
harm  if  the  determination  is  challenged  in 
superior court.  
VIOLATIONS 
Any person denied access to or the right to 
copy records may file for a special action in the 
superior  court  and  the  court  may  award  legal 
costs,  including  attorney  fees,  if  the  person 
seeking public records substantially prevails. A 
public officer or  agency may also be liable for 
damages that result from wrongfully denying a 
person access to public records.
12
 Penalties also 
exist  for  officers  who  wrongfully  disclose 
information that is considered confidential. 
The  Office  of  the  Ombudsman-Citizens’ 
Aide  is  authorized  to  investigate  complaints 
relating to public access laws, including public 
records.
13
  During  such  investigations,  the 
Ombudsman-Citizens’  Aide  may  enter  without 
notice to  inspect  agency premises  with  agency 
staff on the premises, have access to all agency 
records,  with  a  few  exceptions,  and  issue 
subpoenas, among other  things.
14
  Additionally, 
the  Ombudsman-Citizens’  Aide  must  educate 
public officials and the public on public access 
laws. 
ADDITIONAL RESOURCES  
•  Arizona State Library, Archives and Public 
Records Statutes:  
A.R.S. §§ 41-151 – 41-151.25  
•  Public Records, Printing and Notices 
Statutes:  
A.R.S. Title 39 
•  Office of the Ombudsman-Citizens’ Aide 
Statutes:  
A.R.S. § 41-1376.01 
•  Arizona State Library, Archives and Public 
Records                                                               
Records Management Division 
1901 W. Madison Street 
Phoenix, AZ 85009 
(602) 926-3870 
https://azlibrary.gov/records 
•  Arizona Ombudsman Citizens’ Aide 
7878 N. 16th Street, Suite 235 
Phoenix, AZ 85020 
www.azleg.gov/ombudsman/   
Overview of Arizona's Public Records Law  
•  Arizona Attorney General  
Arizona Agency Handbook 
 
Public Records Laws   4 
12 
A.R.S. § 39-121.02
 
13 
A.R.S. § 41-1376
 
14 
A.R.S. § 41-1378 
 