The Arkansas Privacy Act seeks to regulate the use of unmanned aircraft systems (UAS) for capturing images, particularly in relation to private property and critical infrastructure. The bill establishes new classifications for unlawful use of UAS, designating it as a Class B misdemeanor for violations concerning critical infrastructure, which escalates to a Class A misdemeanor for repeat offenses. Additionally, capturing images of individuals or private property without consent for surveillance purposes is classified as a Class C misdemeanor. The act outlines exceptions for lawful use, including consent from property owners, law enforcement activities, and certain utility operations.

Moreover, the bill introduces civil actions for damages against individuals who violate image capture provisions, allowing property owners or tenants to seek damages of up to $10,000 for unauthorized use of images, along with court costs and attorney fees. It also specifies defenses against prosecution, such as the destruction of unlawfully captured images. The legislation further clarifies permissible operations of unmanned aircraft by owners or operators of pipelines for inspection and maintenance, while ensuring that the bill does not apply to the manufacture, assembly, distribution, or sale of unmanned aircraft. Overall, the Arkansas Privacy Act aims to enhance privacy protections while facilitating necessary UAS operations related to infrastructure and public safety.

Statutes affected:
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
Old version HB1148 V4 - 2-17-2025 09:02 AM: 5-60-103, 02-17-2025
Old version HB1148 V5 - 3-4-2025 10:06 AM: 5-60-103, 03-04-2025
Old version HB1148 V6 - 3-11-2025 10:24 AM: 5-60-103, 03-11-2025
Old version HB1148 Original - 1-15-2025 03:54 PM: 5-60-103
HB 1148: 5-60-103
Act 597: 5-60-103, 03-11-2025