Deadline for Consumer Notice: Most expedient manner possible without unreasonable delay
Government Notification Required: Yes – AG notice triggered if more than 1,000 residents notified.
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.
Risk of Harm Threshold
Notification not required if, after a reasonable investigation, covered entity determines that there is no reasonable likelihood of harm to consumers.
Unauthorized acquisition of computerized data which, as a result, compromises the security, confidentiality, or integrity of personal information maintained by the covered entity, with the exception of certain good-faith acquisitions.
Encryption Safe Harbor
Statute does not apply to information that is encrypted or redacted.
Form of Covered Info
- An individual's first name or first initial and his or her last name in combination with any one or more of the following data elements:
- Social Security number.
- Driver's license number or Arkansas identification card number.
- Account number, credit card number, or debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account.
- Medical information, meaning any individually identifiable information, in electronic or physical form, regarding the individual's medical history or medical treatment or diagnosis by a healthcare professional.
- Biometric data, meaning data generated by automatic measurements of an individual's biological characteristics, including without limitation:
- A retinal or iris scan.
- Hand geometry.
- Voice print analysis.
- Deoxyribonucleic acid (DNA).
- Any other unique biological characteristics of an individual if the characteristics are used by the owner or licensee to uniquely authenticate the individual's identity when the individual accesses a system or account.
Consumer Notice Timing
Without unreasonable delay and in the most expedient manner possible.
Consumer Notice Method
By written notice or electronic notice if it is consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
Content of notice undefined.
Notification may be delayed if law enforcement determines that notice will impede a criminal investigation.
Must notify the Attorney General if more than 1,000 residents must be notified. Notice must be at the same time as notice to affected residents or within 45 days of determining there is a reasonable likelihood of harm to residents, whichever is first.
Consumer Reporting Agency Notice
Exceptions for Other Laws
The statute exempts entities subject to Arkansas or federal regulations or rules more protective of personal information, with breach disclosure requirements at least as thorough as the Arkansas requirements.
If you maintain covered info on behalf of another entity, you must notify it immediately following discovery of a breach.
Private Right of Action
The Arkansas general breach notification statute does not provide for a private right of action.
Violations may result in civil or criminal penalties. Specifically, covered entities that "knowingly" and "willfully" commit an unlawful practice under this law shall be guilty of a Class A misdemeanor.