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Can I sell personal information without obtaining consent in Arkansas? What are the requirements?

Based on the documents provided, it is generally not permissible to sell personal information without obtaining consent in Arkansas. The Arkansas Code Annotated § 4-110-104 requires that a person or business that acquires, owns, or licenses personal information about an Arkansas resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure [1.1]. Additionally, the Arkansas Code Annotated § 4-110-105 requires that any person or business that acquires, owns, or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach of the security of the system to any resident of Arkansas whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person [1.2].

However, there are some exceptions to the notice and opt-out requirements for disclosure of nonpublic personal financial information [2.1]. For example, a licensee may disclose nonpublic personal financial information with the consent or at the direction of the consumer, provided that the consumer has not revoked the consent or direction. Additionally, a licensee may disclose nonpublic personal financial information to comply with federal, state, or local laws, rules, and other applicable legal requirements, or to comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by federal, state, or local authorities.

The documents do not provide specific requirements for obtaining consent to sell personal information. Therefore, it is recommended that you consult with a legal professional for guidance on obtaining consent to sell personal information in Arkansas.

Please note that the documents provided do not specifically address the sale of personal information in the context of recovery of personal property and identifiable stolen personal property [4.1]. If your query is related to this context, please provide additional information so that I can provide a more accurate response.

[1.1]: AR Code § 4-110-104 [2.1]: AR Admin. Code 054.00.74-16 [4.1]: AR Code § 18-27-304 [1.2]: AR Code § 4-110-105

Source(s):
Jurisdiction

Arkansas