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Arkansas Privacy: What you need to know

Arkansas recognizes the common law tort for invasion of privacy, which provides that one who invades the right of privacy of another is subject to liability for the resulting harm to the interests of the other person.
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The right of privacy is invaded by:
• Unreasonably intruding on the seclusion of others;
• Appropriating another's name or likeness;
• Giving unreasonable publicity to another's private life; or
• Using publicity that unreasonably places another in a false light before the public (Dunlap v. McCarty, 678 S.W.2d 361 (Ark. 1984)).
It is unlawful for a person to intercept a wire, landline, oral, telephonic, or wireless communication and to record or possess a recording of such communication unless the person is one of the parties or one of the parties has given prior consent (AR Code Sec. 5-60-120). However, it is not unlawful for such an act to be committed by a person acting under the color of law. Also, officers, employees, or agents of a public telephone utility or company licensed to provide wire or wireless telecommunication service may intercept a wire, wireless, oral, or telephonic communication. It is also not unlawful for the operator of a switchboard or an officer, employee, or agent of any public telephone utility or telecommunications provider to intercept, disclose, or use communication in the normal course of employment while engaged in activity necessary to render service or protect the rights or property of the provider. The law does not prohibit or restrict a licensed amateur radio operator or anyone operating a police scanner from intercepting communications for pleasure.
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Arkansas Privacy Resources

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