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Ark. Code Ann. §§ 4-110-101 to - 108

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Notification Required


Most expedient manner possible without
unreasonable delay



More Details

Scope of this Summary Notification requirements applicable to persons and businesses that acquire, own, license or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or state identification card number; financial account, credit or debit card number, in combination with any required security or access code or password that would permit access to a resident's financial account; or medical information.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted or redacted.
Breach Defined Unauthorized acquisition that compromises the security confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Consumer Notice Timing: Must be made in the most expedient time and manner possible and without unreasonable delay consistent with any measures to determine the scope of the breach and to restore the reasonable integrity of the system.

Method: By written notice or electronic notice if it is consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines that notice will impede a criminal investigation.
Harm Threshold Notification not required if, after a reasonable investigation, covered entity determines that there is no reasonable likelihood of harm to customers.
Government Notice * Ark. Admin. Code § 214.00.2-5010: Licensees subject to state Fair Mortgage Lending Act must notify state Securities Commissioner of a breach. If a loan applicant’s or borrower’s financial information or Social Security number was breached or disclosed without authorization, must provide notice to Securities Commissioner within two business days of discovery.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach.
Potential Penalties Violations may result in civil or criminal penalties.


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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on May 30, 2018