Arkansas Privacy laws & HR compliance analysis

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). The law includes exceptions for law enforcement and for officers, employees, or agents of a public telephone utility or company licensed to provide wire or wireless telecommunication.
The operator of a switchboard or an officer, employee, or agent of any public telephone utility or telecommunications provider may intercept, disclose, or use communication in the normal course of employment while engaged in activity necessary to render service or protect the provider’s rights or property. The law does not prohibit or restrict a licensed amateur radio operator or anyone operating a police scanner from intercepting communications for pleasure.
In Arkansas, employers have the right to install surveillance cameras for security purposes in common areas that are open to the public. However, placing cameras in some areas could put the ...

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