Arkansas Amends its Personal Information Protection Act

Arkansas has passed House Bill 1943, which makes amendments and revisions to the Personal Information Protection Act. HB 1943 revises the definition of “personal information,” and makes amendments to requirements regarding the disclosure of security breaches.

HB 1943 revises Arkansas Code section 4-110-103(7) to include biometric data in the definition of “personal information.” Biometric data is data generated by automatic measurements on an individual’s biological characteristics.  These biological characteristics may include: fingerprints, a faceprint, retinal or iris scans, hand geometry, voiceprint, DNA, or any other unique biological characteristic of an individual.

HB 1943 also amends Arkansas Code Section 4-110-105(b), which details disclosure requirements regarding security breaches. HB 1943 requires that, in the event of a security breach which affects the personal information of more than 1,000 individuals,  a notification of the breach must now also be made to the Attorney General. The provisions of HB 1943 are effective August 9, 2019 and the full text of the bill may be found at: http://www.arkleg.state.ar.us/assembly/2019/2019R/Bills/HB1943.pdf

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Adam Faria, JD, is a regulatory compliance consultant with CLA. He is a graduate of Northeastern University and earned his juris doctor at Suffolk University Law School. He is admitted to the bar in Massachusetts and New Hampshire.

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