Current with legislation from 2024 Fiscal and Special Sessions.
Section 25-1-804 - Protection of personal information(a) Except as provided in subsection (b) of this section, a public agency may not: (1) Require a person to provide the public agency with personal information or otherwise compel the release of personal information;(2) Require an entity exempt from federal income tax under Section 501(c) of the Internal Revenue Code to provide the public agency with personal information or compel the entity to release personal information;(3) Release, publicize, or otherwise publicly disclose personal information in possession of a public agency; or(4) Request or require a current or prospective contractor or grantee of the public agency to provide the public agency with a list of entities exempt from federal income tax under Section 501(c) of the Internal Revenue Code to which the contractor or grantee has provided financial or nonfinancial support.(b) Subsection (a) of this section does not apply to a disclosure of personal information: (1) Required under a specific requirement relating to reporting campaign contributions, campaign expenditures, lobbying disclosures, or lobbying expenditures;(2) Expressly required by law;(3) As part of a public comment or in a public meeting;(4) In another manner that is publicly accessible;(5) Pursuant to a warrant or court order issued by a court of competent jurisdiction;(6) Made by a lawful discovery request for personal information in litigation or a criminal proceeding;(7)(A) Used in a legal proceeding.(B) A court of competent jurisdiction may consider whether to: (i) Limit a request for discovery of personal information; or(ii) Issue a protective order in relation to the disclosure of personal information obtained or used in relation to a legal proceeding;(8) Requested or used by the Department of Finance and Administration for the administration of tax or motor vehicle laws;(9) Used or accessed by Arkansas Legislative Audit or any other public agency with oversight function over a government grant program for the purpose of an audit specific to the grant program funds and the information accessed is limited to information related to the public agency grant program or grant program funds; or(10) Requested or used by the State Securities Department for the administration of the Arkansas Securities Act, § 23-42-101 et seq.(c) Personal information about membership, volunteers, and financial and nonfinancial donors to 501(c) nonprofit organizations maintained by a public agency is not a public record and is exempt from release or disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.Added by Act 2021, No. 1021,§ 2, eff. 7/28/2021.