Can you scan IDs in Arkansas?

Yes. Arkansas law does not regulate a business’s practice of scanning IDs or retaining information obtained from a scan.

Summary of Arkansas ID Scanning Laws

In the absence of any Arkansas statute governing issues associated with a business’s practice of scanning IDs, a business is likely allowed to scan IDs and to retain information obtained from a scan, subject to applicable privacy laws.

There are some instances in which merchants are required to record information related to identity, such as the purchase of scrap metal or precious metals. ID scanning can improve the ease and accuracy of record keeping in these scenarios.

Arkansas Code § 4-110-103(7) Personal Information Protection Act

The Arkansas Personal Information Protection Act requires entities that collect personal information to use reasonable security procedures and practices to protect such information. Additionally, the law mandates that in the event such information is compromised, the entity must notify the affected individuals in a timely manner. Notification to individuals whose personal information has been compromised allows them to take steps to mitigate the potential misuse of their information.

The Arkansas Personal Information Protection Act was recently amended to require that a breach be reported to the Arkansas Attorney General if the breach affects the personal information of more than 1,000 individuals and the reporting entity determines that there is a reasonable likelihood of harm to consumers.

SECTION 1. Arkansas Code § 4-110-103(7), concerning the definition of 24 “personal information” as used in the Personal Information Protection Act, is 25 amended to add an additional subdivision to read as follows:

(i) Biometric data. (ii) As used in this subdivision (7)(E), “biometric data” means data generated by automatic measurements of an individual’s biological characteristics, including without limitation:

• (a) Fingerprints
• (b) Faceprint;
• (c) A retinal or iris scan;
• (d) Hand geometry;
• (e) Voiceprint analysis;
• (f) Deoxyribonucleic acid (DNA)
• (g) Any other unique biological 1 characteristics of an individual if the characteristics are used by the owner 2 or licensee to uniquely authenticate the individual’s identity when the 3 individual accesses a system or account;

(a) A person or business shall take all reasonable steps to destroy or arrange for the destruction of a customer’s records within its custody or control containing personal information that is no longer to be retained by the person or business by shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any means.

(b) A person or business that acquires, owns, or licenses personal information about an Arkansas resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.

Alcohol & Tobacco:  Title 3  Alcoholic Beverages:  Chapter 3  Prohibited Practices

Subchapter 2  — Particular Practices Prohibited

A.C.A. § 3-3-203  (2016).  Purchase or possession by minor.

Precious Metals:  Title 17  Professions, Occupations, and Businesses:  Subtitle 2.  Nonmedical Professions

Chapter 23  Buyers of Precious Metals:  Subchapter 2  — Licensing

a) A dealer required to register under this chapter shall require the following from each seller of precious metals or precious items:

(1) Proof of identification in the form of a valid driver’s license, identification card, armed services identification card, or other valid photo identification;

(2) A signed statement stating that the seller is the legal owner of the property or is the agent of the owner authorized to sell the property, and when and where or in what manner the property was obtained; and

(3) A legible print of his or her right thumb as an identifying mark on the form.

(b)

(1) A dealer shall not purchase precious metals or precious items from a person under eighteen (18) years of age unless the person is accompanied by a parent or guardian who provides identification that establishes that relationship.

(2) Both the person under eighteen (18) years of age and the parent or guardian shall submit the identification required under subdivision (a)(1) of this section, and records of the identification of both shall be maintained as provided under § 17-23-206.

Scrap Metals:  Title 17  Professions, Occupations, and Businesses:  Subtitle 2.  Nonmedical Professions 

Chapter 44  Scrap Metal Dealers:  A.C.A. § 17-44-102  (2016)

(a) As used in this section, “reasonable, written documentation” means a written document that includes the following information provided by the seller of the scrap metal to the scrap metal recycler:

1. The name of the entity or individual from whom the seller acquired the scrap metal;
2. The date the seller acquired the scrap metal;
3. The physical address from where the seller acquired the scrap metal;
4. An affirmation or certification from the seller in the written document that he or she is the owner of the scrap metal or is the employer, agent, licensed contractor, licensed HVACR, plumber, electrician, or other person authorized to sell the scrap metal on behalf of the owner; and
5. An affirmation or certification from the seller in the written document that he or she has not pleaded guilty or nolo contendere to or been found guilty of theft, burglary, or vandalism when the offense involved scrap metal.

(b) A seller shall not sell and a scrap metal recycler shall not purchase scrap metal unless reasonable, written documentation is provided that the seller is the owner of the scrap metal or is an employee, agent, or other person authorized to sell the scrap metal on behalf of the owner.

1. Each scrap metal recycler doing business in the State of Arkansas shall maintain an accurate and legible record of each scrap metal purchase transaction.
2. Individual records shall not be required for a series of scrap metal purchase transactions made under a contract.
3. The data required under subdivision (d)(1) of this section may be maintained for repeat sellers in a relational database allowing the scrap metal recycler to record the information one (1) time and relate future purchase records to that information.
4. A municipality or county may require by ordinance electronic or digital records and reporting methods.

(d) The record of each scrap metal purchase transaction shall contain the following information taken at the time of sale and kept on record:

1. The name, address, gender, birth date, and identifying number from the seller’s driver’s license, military identification card, passport, or other form of government-issued photo identification;
2. A photocopy of the government-issued photo identification provided under subdivision (d)(1) of this section;
3. The date of the scrap metal purchase transaction;
4. The digital thumbprints of the seller;
5. Additional information to include:

(A) A general description of the predominant types of scrap metal purchased.

(B) The general description shall be made in accordance with the custom of the trade;

(6) A general description of the configuration of the scrap metal and whether the material is insulated;

7. The weight, quantity, or volume, recorded in accordance with the custom of the trade, of the scrap metal purchased;

8. The consideration paid;

(9) The license plate number of the vehicle used in transporting the materials to the scrap metal recycler’s place of business; and

(10) (A) A clearly identifiable date-and-time-stamped digital photograph of the:

(i) Seller; and

(ii) Scrap metal in the form in which it was purchased.

(B) The name of the person taking the photographs under this subdivision (10) shall be recorded and provided with the photographs.

(e) The photocopy required under subdivision (d)(2) of this section, the digital thumbprints required under subdivision (d)(4) of this section, and the digital photographs taken required under subdivision (d)(10)(A) of this section shall be reasonably clear.