Arkansas

Quick Overview

• Businesses in Arkansas are likely allowed to scan IDs and retain information obtained from a scan, subject to applicable privacy laws.
• There are instances where merchants are required to record information related to identity, such as the purchase of scrap metal or precious metals. ID scanning can improve the ease and accuracy of record keeping in these scenarios.
• A retailer is allowed to retain and use information obtained from IDs only for the following purposes: Verifying a customer’s age, establishing a customer’s identity, confirming a customer’s license status to operate a vehicle, disclosing such information to another business for various purposes, and disclosing such information to certain entities.

Detailed Analysis

Personal Information Protection Act

The Arkansas Personal Information Protection Act (Arkansas Code § 4-110-103(7)) requires entities that collect personal information to use reasonable security procedures and practices to protect such information. If such information is compromised, the entity must notify the affected individuals in a timely manner. This allows them to take steps to mitigate the potential misuse of their information.

The Act was recently amended to require that a breach be reported to the Arkansas Attorney General if the breach affects the personal information of more than 1,000 individuals and the reporting entity determines that there is a reasonable likelihood of harm to consumers.

Alcohol & Tobacco Laws

Under Arkansas Code § 3-3-203, if a licensee or an agent or employee of the licensee questions or has reason to question whether a person ordering, purchasing, attempting to purchase, or otherwise procuring alcoholic beverages has attained the age of 21 years, they shall require the person to furnish proof of age. A valid driver’s license or a valid identification card is acceptable as proof of age.

Scrap Metal Dealers

According to Arkansas Code § 17-44-102, a scrap metal dealer shall maintain an accurate paper or electronic record of each in-person transaction in which the dealer purchases scrap metal for $100 or more from another person. The record of a transaction must include the name, address, and telephone number of the person from whom the dealer purchased the scrap metal, a description of a motor vehicle used to deliver the scrap metal to the dealer, and if the person who sells scrap metal to the dealer is an individual, the number of the individual’s driver’s license, the number of the individual’s government-issued identification document that contains a picture, or a copy of the individual’s government-issued identification document that contains a picture.

Please note that this information is intended to provide a general overview and does not constitute legal advice. Always consult with a legal professional for advice specific to your situation.