The Arkansas Privacy Act establishes regulations surrounding the use of unmanned aircraft systems (UAS) for capturing images, particularly in relation to critical infrastructure and private property. It defines "critical infrastructure" and prohibits the use of UAS for surveillance or information gathering without the owner's consent, categorizing such violations as a Class B misdemeanor, escalating to a Class A misdemeanor for repeat offenses. The Act also provides defenses against prosecution for lawful image capture and mandates that unlawfully captured images cannot be used as evidence in legal proceedings. Additionally, it allows property owners to pursue civil action for damages resulting from violations.

The bill further outlines specific provisions for the lawful capture of images by law enforcement and other entities, including scenarios where consent is obtained, during emergencies, or for public safety inspections. It sets conditions for legality, such as ensuring individuals are not identifiable in certain images and limiting the altitude of image capture in public areas. Importantly, the bill clarifies that it does not regulate the manufacture or sale of unmanned aircraft, focusing instead on the operational use of UAS in surveillance activities.

Statutes affected:
Old version HB1148 Original - 1-15-2025 03:54 PM: 5-60-103
Old version HB1148 V2 - 2-5-2025 09:16 AM: 5-60-103, 02-05-2025
Old version HB1148 V3 - 2-10-2025 11:37 AM: 5-60-103, 02-10-2025
HB 1148: 5-60-103