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In Arkansas, the Personal Information Protection Act requires any business or leaser who acquires, owns, or licenses Arkansas unencrypted protected information (plus medical data) to notify their customers of a data breach by written or electronic means. Businesses in Arkansas do not have to notify customers if the cost is more than $250,000 or the breach involves more than 500,000 residents.
| Name of Law / Statute | Personal Information Protection Act |
| Definition of Protected Information | Combination of (1) name or other identifying info, PLUS (2) one or more of these “data” elements: SSN; driver’s license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes PLUS medical data |
| Who Is Subject to Law? | Business or individual who acquires, owns, or licenses Arkansas PI |
| Notification of Consumers? | Yes, unless determination of no harm by business |
| By what means? | Written or electronic |
| Substitute Notice Threshold? | If cost of notice >$250,000 or involves >500k residents |
| Notification of authorities / regulators required? | No |
| By what means? | N/A |
| Regulatory Fines | N/A |
| Credit monitoring requirement? | No |
| Private lawsuits allowed? | No |
| Private damages cap? | N/A |
| Regulatory actions allowed? | No |
| HIPAA Compliance exemption? | No |
| Other (e.g., timeframe) | Law does not apply if PI was encrypted |
| Link to complete law | http://privacylaw.proskauer.com/uploads/file/Arkansas%204-110-%20101%20to%20108.pdf |
Read the full text of Arkansas’s data breach law for more information.
