Arizona Supreme Court: Silverman, et al. v. Arizona Department of Economic Security
Case No. CV-23-0181-PR Filed June 3, 2024
ISSUES:
- Definition of “bona fide research” under A.R.S. § 46-460(D)(8)
- Whether journalists can qualify for the “bona fide research” exception
- ADES’s discretion in releasing records under the exception
DECISION:
- “Bona fide research” means engaging in a good faith and genuine study to acquire knowledge, discover facts, or test ideas concerning reporting or stopping abuse, exploitation, or neglect of vulnerable adults
- Anyone, including journalists, can qualify for the “bona fide research” exception
- ADES retains discretion to deny or curtail requests that meet the exception, subject to judicial review for abuse of discretion
Synopsis:
The Arizona Supreme Court addressed the interpretation of the “bona fide research” exception to the confidentiality of Adult Protective Services (APS) records. The court adopted a broad definition that focuses on the genuine nature and purpose of the research, emphasizing that the exception applies to any person, including journalists, conducting good faith research on topics related to APS’s mission. However, the court also affirmed ADES’s discretion in releasing records, allowing for denial or limitation of requests based on public policy considerations.
Outcome of the Case:
The Arizona Supreme Court vacated the Court of Appeals’ opinion, affirmed the Superior Court’s denial of ADES’s motion to dismiss, reversed the judgment for Silverman, and remanded the case for further proceedings.