Protections

Ark. Code Ann. § 12-12-1804 — under Crime Reporting and Investigations.

Ark. Code Ann. § 12-12-1804

(a) Except as provided under subsection (b) of this section, captured plate data obtained for the purposes described under § 12-12-1803(b) shall not be preserved for more than:(1) Sixty (60) days by a private landowner, private leaseholder, or commercial business; or(2) One hundred fifty (150) days by all other eligible entities.

(1) Sixty (60) days by a private landowner, private leaseholder, or commercial business; or

(2) One hundred fifty (150) days by all other eligible entities.

(b) Captured plate data obtained by an entity under § 12-12-1803(b)(1) may be retained as part of an ongoing investigation and shall be destroyed at the conclusion of either:(1) An investigation that does not result in any criminal charges being filed; or(2) Any criminal action undertaken in the matter involving the captured plate data.

(1) An investigation that does not result in any criminal charges being filed; or

(2) Any criminal action undertaken in the matter involving the captured plate data.

(c) A governmental entity that uses an automatic license plate reader system under § 12-12-1803(b)(1) shall update the captured plate data collected under this subchapter every twenty-four (24) hours if updates are available.

(d) (1) Except as provided under subdivision (d)(2) of this section, a governmental entity authorized to use an automatic license plate reader system under § 12-12-1803(b) shall not sell, trade, or exchange captured plate data for any purpose.(2) Captured plate data obtained by a law enforcement agency under § 12-12-1803(b)(1) that indicates evidence of an offense may be shared with other law enforcement agencies.(3) A governmental entity may only compel the release of captured plate data from a user under § 12-12-1803(b)(2), § 12-12-1803(b)(3), § 12-12-1803(b)(4), or § 25-16-705(a) through a valid subpoena.

(1) Except as provided under subdivision (d)(2) of this section, a governmental entity authorized to use an automatic license plate reader system under § 12-12-1803(b) shall not sell, trade, or exchange captured plate data for any purpose.

(2) Captured plate data obtained by a law enforcement agency under § 12-12-1803(b)(1) that indicates evidence of an offense may be shared with other law enforcement agencies.

(3) A governmental entity may only compel the release of captured plate data from a user under § 12-12-1803(b)(2), § 12-12-1803(b)(3), § 12-12-1803(b)(4), or § 25-16-705(a) through a valid subpoena.

(e) (1) Except as provided under subdivision (e)(2) of this section, a private landowner, private leaseholder, or commercial business authorized to use an automatic license plate reader system under § 12-12-1803(b) shall not sell, trade, or exchange captured plate data for any commercial purpose.(2) (A) Captured plate data obtained by a private landowner, private leaseholder, or commercial business under § 12-12-1803(b)(4) may be shared with a third-party processor providing asset protection analytical services on the captured plate data as part of a contractual agreement with the private landowner, private leaseholder, or commercial business.(B) The terms of the contractual agreement shall expressly prohibit a third-party processor from using the captured plate data for any other purpose and impose a data retention period not to exceed sixty (60) days from receipt of the captured plate data.

(1) Except as provided under subdivision (e)(2) of this section, a private landowner, private leaseholder, or commercial business authorized to use an automatic license plate reader system under § 12-12-1803(b) shall not sell, trade, or exchange captured plate data for any commercial purpose.

(2) (A) Captured plate data obtained by a private landowner, private leaseholder, or commercial business under § 12-12-1803(b)(4) may be shared with a third-party processor providing asset protection analytical services on the captured plate data as part of a contractual agreement with the private landowner, private leaseholder, or commercial business.(B) The terms of the contractual agreement shall expressly prohibit a third-party processor from using the captured plate data for any other purpose and impose a data retention period not to exceed sixty (60) days from receipt of the captured plate data.

(A) Captured plate data obtained by a private landowner, private leaseholder, or commercial business under § 12-12-1803(b)(4) may be shared with a third-party processor providing asset protection analytical services on the captured plate data as part of a contractual agreement with the private landowner, private leaseholder, or commercial business.

(B) The terms of the contractual agreement shall expressly prohibit a third-party processor from using the captured plate data for any other purpose and impose a data retention period not to exceed sixty (60) days from receipt of the captured plate data.