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Can I use third-party file sharing tools that collect personal information in Arkansas? What are the requirements?

Based on the documents provided, using third-party file sharing tools that collect personal information in Arkansas is subject to the Personal Information Protection Act [1.4]. The act requires individuals, businesses, and state agencies that acquire, own, or license personal information about Arkansas residents to provide reasonable security for the information [1.3].

If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution under an exception in Sections 15 or 16 of the Arkansas Administrative Code, the licensee’s disclosure and use of that information is limited [2.2]. If a licensee receives nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in Sections 15 or 16 of the Arkansas Administrative Code, the licensee may disclose the information only to the affiliates of the financial institution from which the licensee received the information, to its affiliates, or to any other person if the disclosure would be lawful if made directly to that person by the financial institution from which the licensee received the information [2.2].

An Internet service provider shall disclose personally identifiable information concerning a consumer pursuant to a subpoena, warrant, or court order issued under authority of a law of this state, another state, or the United States Government [3.1].

All reports obtained under the subchapter of the Arkansas Code are confidential and are restricted to the exclusive use of the Arkansas Crime Information Center, the Identification Bureau of the Department of Arkansas State Police, and the licensing or certifying agency. The information contained in reports shall not be released or otherwise disclosed to any other person or agency except by court order and is specifically exempt from disclosure under the Freedom of Information Act of 1967, except to the licensing or certifying agency [4.1].

Limits on Sharing Account Number Information for Marketing Purposes [2.1] prohibits a licensee from disclosing, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. However, there are exceptions to this rule, such as disclosing the information to the licensee’s service provider solely to perform marketing for the licensee’s own products or services, or to a participant in an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.

If the third-party file sharing tool collects personal information that is subject to the Personal Information Protection Act, the tool must 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 [1.3]. If the personal information collected falls under the nonpublic personal financial information category, the licensee’s disclosure and use of that information is limited [2.2]. If the personal information collected is personally identifiable information concerning a consumer, it can only be disclosed pursuant to a subpoena, warrant, or court order issued under authority of a law of this state, another state, or the United States Government [3.1].

Therefore, before using any third-party file sharing tool that collects personal information in Arkansas, it is important to ensure that the tool complies with the Personal Information Protection Act, Limits on Sharing Account Number Information for Marketing Purposes, and any other relevant laws and regulations.

Source(s):
Jurisdiction

Arkansas