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HB 1148

Confidentiality of birth and stillbirth records.

2025 Regular Session Introduced by Brad Barrett and 9 co-sponsors

Arkansas Privacy Act regulates drone use, protecting privacy by prohibiting unauthorized surveillance of critical infrastructure and private property, with penalties for violations.

Signed by the Governor
#health;medicalrecords #publicrecords
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Bill Summary · HB 1148

Summary of House Bill 1148: Arkansas Privacy Act

Purpose and Intent

House Bill 1148, titled the Arkansas Privacy Act, aims to regulate the use of unmanned aircraft systems (UAS), commonly known as drones, particularly concerning the capture of images related to critical infrastructure and private property. The bill seeks to protect the privacy of individuals and property owners while allowing lawful uses of UAS for various purposes.

Key Provisions

The bill introduces several important provisions, including:

Definitions

  • Critical Infrastructure: The bill defines critical infrastructure to include facilities such as electrical power systems, petroleum refineries, chemical manufacturing facilities, communication towers, food processing facilities, and correctional facilities.
  • Unmanned Aircraft System (UAS): Defined as a powered aircraft that does not carry a human operator and can be remotely piloted or autonomous.

Unlawful Use of UAS

  • Surveillance Restrictions: It is unlawful to use a UAS to conduct surveillance or gather information about critical infrastructure without prior written consent from the owner.
  • Image Capture: Capturing images of individuals or private property with the intent to conduct surveillance is also prohibited unless specific conditions are met.

Penalties

  • Class B Misdemeanor: For unlawful use of a UAS related to critical infrastructure.
  • Class A Misdemeanor: For subsequent offenses.
  • Class C Misdemeanor: For unlawful image capture.

Exceptions

The bill outlines several exceptions where the use of UAS is permitted, including:
- Law enforcement activities.
- Emergency management operations.
- Activities conducted by the Arkansas Department of Transportation and other authorized entities.

Image Handling

  • Unlawful Possession and Use: It is illegal to possess, disclose, or use images captured in violation of the act, with penalties varying based on the nature of the violation.

Affected Parties

The legislation impacts:
- Individuals and property owners whose privacy may be affected by UAS surveillance.
- Operators of critical infrastructure who must ensure compliance with the new regulations.
- Law enforcement and emergency services that utilize UAS for official duties.

Procedural Aspects and Timeline

  • Introduced: January 15, 2025.
  • Passed First Reading: January 23, 2025.
  • Amendments: The bill has undergone several amendments to refine its provisions, with the latest amendments adopted on March 11, 2025.
  • Final Passage: The bill was passed by both the House and Senate and is now enrolled as Act 597 as of April 14, 2025.

Conclusion

House Bill 1148 establishes a framework for the responsible use of unmanned aircraft systems in Arkansas, balancing privacy concerns with the need for lawful surveillance and data collection. The bill's provisions and penalties aim to deter unlawful surveillance while allowing for necessary uses of UAS in various sectors.

Compiled from official sources — confirm details with the bill’s official record.

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