Arkansas Library Laws

Arkansas Statutes : http://www.lexisnexis.com/hottopics/arcode/Default.asp

State Library Association: Arkansas Library Association

Security Breach Notification Law : Ark. Code § 4-110-101 et seq.

Data Disposal Law: Ark. Code Ann. §4-110-104

Library Records Privacy:

TITLE 13.  LIBRARIES, ARCHIVES, AND CULTURAL RESOURCES CHAPTER 2.  LIBRARIES SUBCHAPTER 7.  CONFIDENTIALITY OF PATRONS’ RECORDS

A.C.A. § 13-2-701  

§ 13-2-701. Definitions

   (a) "Patron" means any individual who requests, uses, or receives services, books or other materials from a library.
(b) "Confidential library records" means documents or information in any format retained in a library that identify a patron as having requested, used, or obtained specific materials, including, but not limited to, circulation of library books, materials, computer database searches, interlibrary loan transactions, reference queries, patent searches, requests for photocopies of library materials, title reserve requests, or the use of audiovisual materials, films, or records.

HISTORY: Acts 1989, No. 903, § 1.

§ 13-2-702. Penalty

   (a) Any person who knowingly violates any of the provisions of this subchapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars ($200) or thirty (30) days in jail, or both, or a sentence of appropriate public service or education, or both.
(b) No liability shall result from any lawful disclosure permitted by this subchapter.
(c) No action may be brought under this subchapter unless such action is begun within two (2) years from the date of the act complained of or the date of discovery.

HISTORY: Acts 1989, No. 903, § 2.

§ 13-2-703. Disclosure prohibited

   (a) Library records which contain names or other personally identifying details regarding the patrons of public, school, academic, and special libraries and library systems supported in whole or in part by public funds shall be confidential and shall not be disclosed except as permitted by this subchapter.
(b) Public libraries shall use an automated or Gaylord-type circulation system that does not identify a patron with circulated materials after materials are returned.

HISTORY: Acts 1989, No. 903, § 2.

§ 13-2-704. Disclosure permitted

   A library may disclose personally identifiable information concerning any patron:
   
(1) To the patron;
   
(2) To any person with the informed, written consent of the patron given at the time the disclosure is sought; or
   
(3) To a law enforcement agency or civil court, pursuant to a search warrant.

HISTORY: Acts 1989, No. 903, § 2.

§ 13-2-705. Construction — Statistics

   (a) No provision of this subchapter shall be construed to prohibit any library or any business operating jointly with a library from disclosing information for the purpose of:
   
(1) Collecting overdue books, documents, films, or other items or materials owned or otherwise belonging to such library;
   
(2) Collecting fines on such overdue books, documents, films, or other items or materials; and
   
(3) Contacting its patrons by telephone, mail service, or other medium for the purpose of notifying, informing, and educating such patrons or otherwise promoting the legitimate programs, policies, and other interests of the library.
(b) Aggregate statistics shown from registration and circulation records with all personal identification removed may be released or used by a library or library system for research or planning purposes.

HISTORY: Acts 1989, No. 903, § 2; 1995, No. 612, § 1.

§ 13-2-706. Use of information in evidence

   Personally identifiable information obtained in any manner other than as provided in this subchapter shall not be received in evidence in any trial, hearing, arbitration, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or political subdivision of the state.

HISTORY: Acts 1989, No. 903, § 2.