Arkansas Personal Information Protection Act (Ark. Code §§ 4-110-101 et seq.)

Establishes requirements for protection of personal information and breach notification. Requires reasonable security procedures and practices. Includes specific provisions for encrypted data and third-party service providers. Currently considering expanded privacy legislation modeled after CCPA.

JurisdictionArkansas
CategoryPrivacy & Data Protection
StatusActive
Latest development

Analysis

Key Requirements

The Arkansas Personal Information Protection Act (APIPA) establishes several key requirements for businesses and organizations handling personal information of Arkansas residents:

  • Implement and maintain reasonable security procedures appropriate to the nature of the information to protect personal information from unauthorized access, destruction, use, modification, or disclosure Arkansas Code § 4-110-104(b)
  • Notify affected individuals of data breaches involving their unencrypted personal information without unreasonable delay Arkansas Code § 4-110-105(a)
  • If a breach affects more than 1,000 individuals, notify the Arkansas Attorney General within 45 days of determining a reasonable likelihood of harm

Compliance Challenges

Organizations face several challenges in complying with APIPA:

  • Determining appropriate security measures for different types of personal information, as the law does not specify exact security requirements Compliancy Group
  • Timely breach detection and notification, especially for smaller businesses with limited IT resources IAPP Privacy Advisor
  • Keeping up with evolving definitions of personal information, such as the recent inclusion of biometric data Hyperproof

Implementation Best Practices

To effectively implement APIPA requirements:

  • Provide regular employee training on data protection practices and breach reporting procedures NIST SP 800-50

Recent Updates

The Arkansas Personal Information Protection Act has seen recent amendments:

  • Consideration of more comprehensive privacy legislation modeled after CCPA, though not yet enacted IAPP Privacy Advisor

Related Regulations

APIPA interacts with several other regulations:

Industry Impact

The APIPA has significant impacts across various industries:

  • Technology companies developing biometric authentication systems must now consider APIPA's expanded definition of personal information Arkansas Center for Data Sciences

Sources

Recent developments

  • — Arkansas enacted HB 1717, expanding privacy protections for children and teens, with new requirements for operators collecting personal information from minors, effective July 1, 2026. (source)

Related regulations

Put it into practice

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