Arkansas Legal Resource Navigator

12-12-1808. Privacy.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-12-1808. Privacy.

12-12-1808. Privacy. (a)(1) Captured plate data or data obtained from the Office of Motor Vehicle may be disclosed only: (A) To the person to whom the vehicle is registered; (B) After the written consent of the person to whom the vehicle is registered; or (C) If the disclosure of the data is permitted by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2013. (2) Practice and usage data compiled and preserved under § 12-12-1806 are a public record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) Upon the presentation to an appropriate governmental entity of a valid, outstanding protection order protecting the driver of a vehicle jointly registered with or registered solely in the name of the individual against whom the order was issued, captured plate data shall not be disclosed except as the result of a match under § 12-12-1803(b).

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1808

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Record provenance

Stable record: arkansas_code:legal_authorities:12-12-1808
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 558c42ef23f49b37ae847d30279bdb5f07e9f0a7953cb010c620d1b35d1be203

Source location: content.xml paragraph 7971

Stored source content

12-12-1808. Privacy. (a)(1) Captured plate data or data obtained from the Office of Motor Vehicle may be disclosed only: (A) To the person to whom the vehicle is registered; (B) After the written consent of the person to whom the vehicle is registered; or (C) If the disclosure of the data is permitted by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2013. (2) Practice and usage data compiled and preserved under § 12-12-1806 are a public record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) Upon the presentation to an appropriate governmental entity of a valid, outstanding protection order protecting the driver of a vehicle jointly registered with or registered solely in the name of the individual against whom the order was issued, captured plate data shall not be disclosed except as the result of a match under § 12-12-1803(b).

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2721 — Prohibition on release and use of certain personal information from State motor vehicle records

**(a) In General.—** A State department of motor vehicles, and any officer, employee, or contractor thereof, shall not knowingly disclose or otherwise make available to any person or entity: (1) personal information, as defined in [18 U.S.C. 2725(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2725/3&num=0&edition=prelim), about any individual obtained by the department in connection with a motor vehicle record, except as provided in subsection (b) of this section; or (2) highly restricted personal information, as defined in [18 U.S.C. 2725(4)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2725/4&num=0&edition=prelim), about any individual obtained by the department in connection with a motor vehicle record, without the express consent of the person to whom such information applies, except uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9): Provided, That subsection (a)(2) shall not in any way affect the use of organ donation information on an individual’s driver’s license or affect the administration of organ donation initiatives in the States. **(b) Permissible Uses.—** Personal information referred to in subsection (a) shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles I and IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act ([15 U.S.C. 1231](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2721

Stored review status: release_metadata_unconfirmed. The source passage cites 18 U.S.C. § 2721. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2721 — Prohibition on release and use of certain

Page 670 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2713 shall accrue on the date upon which the claim- ant first has a reasonable opportunity to dis- cover the violation. (3) Any action under this section shall be tried to the court without a jury. (4) Notwithstanding any other provision of law, the procedures set forth in section 106(f), 305(g), or 405(f) of the Foreign Intelligence Sur- veillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which materials gov- erned by those sections may be reviewed. (5) An amount equal to any award against the United States under this section shall be reim- bursed by the department or agency concerned to the fund described in section 1304 of title 31, United States Code, out of any appropriation, fund, or other account (excluding any part of such appropriation, fund, or account that is available for the enforcement of any Federal law) that is available for the operating expenses of the department or agency concerned. (c) ADMINISTRATIVE DISCIPLINE.—If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate depart- ment or agency finds that the circumstances surrounding the violation raise serious ques- tions about whether or not an officer or em- ployee of the United States acted willfully or in- tentionally with respect to the violation, the de- partment or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the de- partment or agency involved d

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2721

Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 2721. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-12-1803. Restrictions on use.

12-12-1803. Restrictions on use. (a) Except as provided in subsection (b) of this section, it is unlawful for an individual, partnership, corporation, association, or the State of Arkansas, its agencies, and political subdivisions to use an automatic license plate reader system. (b) An automatic license plate reader system may be used: (1) By a state, county, or municipal law enforcement agency for the comparison of captured plate data with data held by the Office of Motor Vehicle, the Arkansas Crime Information Center, the National Crime Information Center, a database created by law enforcement for the purposes of an ongoing investigation, and the Federal Bureau of Investigation for any lawful purpose; (2) By parking enforcement entities for regulating the use of parking facilities; (3) For the purpose of controlling access to secured areas; or (4)(A) By the Arkansas Highway Police Division of the Arkansas Department of Transportation for the electronic verification of registration, logs, and other compliance data to provide more efficient movement of commercial vehicles on a state highway. (B) An automatic license plate reader system used under subdivision (b)(4)(A) of this section shall be installed at an entrance ramp at a weigh station facility for the review of a commercial motor vehicle entering the weigh station facility.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1803

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1803. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

12-12-1806. Use of data and data-derived evidence.

12-12-1806. Use of data and data-derived evidence. Captured plate data and evidence derived from it shall not be received in evidence in any trial, hearing, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or a political subdivision of the state if the disclosure of that information would be in violation of this subchapter.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-12-1806

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 12-12-1806. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

25-19-101. Title.

25-19-101. Title. This chapter shall be known and cited as the “Freedom of Information Act of 1967”.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-19-101

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-19-101. This identifies an authority to review, not proof of applicability.