Law / United States / 
Arizona
Parents' bill of rights: written parental consent before a biometric scan of a pupil or a government video or voice recording of a minor child
A.R.S. sec. 1-602(A)(7) and (9) and (E) to (G)
In force.
A sensitive categories rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Biometric, Consent
- Audit expectation
- none
What it requires
- Do not make a biometric scan of a minor child under A.R.S. 15-109 without the parent's written consent (A.R.S. 1-602(A)(7)).
- Do not create, store or share any record of a minor child's blood or DNA without the parent's written consent, except as required by A.R.S. 36-694, and do not conduct genetic testing on a minor child under A.R.S. 12-2803 without that consent unless authorized under A.R.S. 13-610 or a court order (A.R.S. 1-602(A)(8)).
- If you are this state or one of its political subdivisions, obtain a parent's written consent before making a video or voice recording of a minor child, unless the recording is made during a court proceeding, a law enforcement investigation or an interview in a criminal or child safety services investigation, or is used solely for safety demonstrations, a legitimate academic or extracurricular activity, regular classroom instruction, security or surveillance of buildings or grounds, or a photo identification card (A.R.S. 1-602(A)(9)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Paragraphs 7 and 9 of subsection A reserve to a parent the right to consent in writing before a biometric scan or a government video or voice recording of the minor child, and subsections E to G give the parent a suit. They name no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
A parent has the right to consent in writing before a biometric scan of the minor child is made under section 15-109. A parent has the right to consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created, stored or shared, except as required by section 36-694, or before any genetic testing is conducted on the minor child under section 12-2803 unless authorized under section 13-610 or a court order.
These parental rights are reserved without obstruction or interference from this state, any political subdivision, any other governmental entity or any other institution, so the blood and DNA consent right is not limited to government bodies. A parent has the right to consent in writing before this state or any of its political subdivisions makes a video or voice recording of the minor child.
No consent is needed for a recording made during a court proceeding, by law enforcement officers during a law enforcement investigation or during an interview in a criminal or child safety services investigation, or a recording used solely for safety demonstrations (including the maintenance of order and discipline in the common areas of a school or on pupil transportation vehicles), a legitimate academic or extracurricular activity, regular classroom instruction, security or surveillance of buildings or grounds, or a photo identification card.
A parent may sue a governmental entity or official for a violation of these statutory rights in superior court, in federal court where federal law authorizes it, or before an administrative tribunal, and may raise a violation as a claim or a defense. The governmental entity or official bears the burden of proving that the interference is essential to accomplish a compelling government interest of the highest order and is narrowly tailored.
If it fails, the court must grant appropriate relief, such as declaratory or injunctive relief, compensatory damages and attorney fees.
When LexLint raises it
When your app profile says your app processes biometric data, processes personal data or serves under-18s.
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