Summary — HB 1717 (Act 952): Arkansas Children and Teens' Online Privacy Protection Act

Status: Approved by Governor (enacted as Act 952). Effective date (per amendment): July 1, 2026.

Purpose

Creates the "Arkansas Children and Teens' Online Privacy Protection Act," establishing state-level privacy protections for minors who use websites, online services, online applications, mobile apps, or connected devices when personal information is collected online.

Key provisions

• Definitions and scope

  • “Child” is defined in the bill as an individual 12 years of age or younger.
  • The bill separately treats “teens” (older minors) and sets different consent/notice rules for them; the bill also defines “parent” to include guardians of individuals 16 years of age or younger.
  • “Operator” covers persons who, for commercial purposes, operate or provide online services/apps and collect or maintain users’ personal information. Exclusions include certain nonprofits, interactive gaming platforms complying with COPPA, state agencies, and public educational entities.
  • “Personal information” is broadly defined and includes identifiers (name, address, email, phone), geolocation sufficient to identify street and city, biometrics (fingerprints, facial templates, DNA, voice prints), Social Security numbers, and information linkable to a child/teen or their parent.

• Consent and notice

  • For teens, “consent” requires that the teen or the teen’s parent receive notice of collection/use/disclosure practices and must freely and unambiguously authorize the collection and any subsequent use (consent may be given through terms of service or acknowledgement of a privacy policy).
  • Different requirements apply to younger children (more protective standards consistent with a focus on parental authorization).

• Disclosure, collection, and use limits

  • “Disclosure” is defined as making a child/teen’s personal information publicly available in identifiable form to unaffiliated third parties; the bill clarifies exceptions for processors and service providers who support internal operations.
  • The bill limits certain uses and describes permissible processing without parental/teen authorization for enumerated purposes (e.g., providing/maintaining a requested product or service, conduct of internal business operations, security incident response, legal compliance, and protecting vital interests).

• Special provisions for audio files and processors

  • Audio files containing a child/teen’s voice are treated with specific conditions (use only to perform tasks or replace written words, clear notice and deletion policy, and deletion when no longer needed), subject to additional limits in the enacted text.
  • “Processor” and “third party” are explicitly defined.

Enforcement and remedies

• Amendment language designates the Arkansas Attorney General as having exclusive enforcement authority.
• The enacted language removes a private right of action for violations; enforcement and relief are pursued by the Attorney General (the act allows courts to grant appropriate relief).
• The bill includes a severability clause.

Who is affected

• Primary obligations fall on commercial operators of websites, online services, online applications, and mobile apps that collect personal information from users who are children or teens located in Arkansas.
• Exemptions apply (e.g., certain nonprofits, compliant interactive gaming platforms, state agencies, and public educational entities).

Legislative history highlights

• Introduced December 30, 2024. Multiple senate amendments (S1, S2, S3) refined definitions, added enforcement and effective date provisions, and clarified exceptions.
• Passed both chambers with concurrence on amendments; enrolled and transmitted to the Governor; approved and recorded as Act 952. Effective date set by amendment: July 1, 2026.

Notes: This summary is based on the bill text and amendments as provided. Some detailed provisions (exact teen-age range and penalty amounts, if any) were not fully shown in the excerpt and are reflected only insofar as they appear in the available text.