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Arkansas

See the Summary of U.S. State Data Breach Maps

Quick Notes

Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: Most expedient manner possible without unreasonable delay
Government Notification Required: Yes, if >1,000 residents notified

Ark. Code Ann. §§ 4-110-101 to - 108, as amended by 2019 Ark. Acts 1030 (not yet codified)

More Details

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; medical information; or biometric data.

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

If notice to more than 1,000 residents is required, the Entity shall notify the Attorney General.

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.

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 July 30, 2019

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