Law: Personal Information Protection Act ('the Act') under Ark. Code Ann. § 4-110-101 et seq.

Regulator: The Arkansas Attorney General ('AG')

Summary: Although the Constitution of Arkansas does not expressly provide for the right to privacy, the Supreme Court of Arkansas has found that such right is implicit in the Constitution. Privacy protections are more explicitly provided by the Act, the primary piece of privacy legislation in Arkansas. The Act requires individuals, business, and State agencies that acquire, own, or license personal information belonging to citizens of the State to implement reasonable security measures to safeguard personal information in order to prevent unauthorised access, as well as implement corresponding measures for data disposal. The Act also includes a breach notification requirement to the AG and subscribers depending on the number of individuals potentially affected by the breach. The AG holds the power to sanction violations of the law and issue penalties. Additional privacy legislation includes the Consumer Telephone Privacy Act under Ark. Code Ann. §4-99-401 et seq, which sets out telemarketing requirements and establishes a stateState-wide Do-Not-Call database.

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