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)).
Social Security numbers (SSNs). State law prohibits any person, including employers, from publicly posting or publicly displaying in any manner an individual's SSN (Ark. Code § 4-86-107). The law specifically prohibits:
• Printing an individual's SSN on any card required for the individual to access products or services provided by the person or entity; or
• Printing an individual's SSN on a postcard or other mailer not requiring an envelope or in a manner in which the SSN is visible on the envelope or without the envelope's being opened.
State law also prohibits requiring an individual to transmit his or her SSN over the Internet unless the connection is secure or the SSN is encrypted. The law does not prevent the collection, use, or release of an SSN as required or explicitly authorized by federal or state law or court rules. Violation of the law may result in civil penalties of up to $250 per violation, along with attorneys' fees and costs incurred in the investigation and prosecution of the matter, as well as injunctive relief.
Wiretapping. It is unlawful for a person to intercept a wire, landline, oral, telephonic, or ...

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