I remember a time they gave you the option of using your social security number as your driver’s license number; in retrospect, a terrible idea.          I’m not sure how this law effects the discussion of the publication of real estate court records containing social security numbers and other personal data – but it should be considered for sure.

Arkansas Code Annotated § 4-86-107 Prohibiting the misappropriation of social security numbers

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(a) As used in this section:

(1) “Person” means:
(A) An individual;
(B) A corporation;
(C) A partnership;
(D) An organization; or
(E) Any other entity; and
(2) “Publicly post” or “publicly display” means to intentionally communicate or otherwise make available to the general public.

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(b) Except as provided in subsection (c) of this section, a person may not do any of the following:

(1) Publicly post or publicly display in any manner an individual’s social security number;
(2) Print an individual’s social security number on any card required for the individual to access products or services provided by the person or entity;
(3) Print an individual’s social security number:
(A) On a postcard or other mailer not requiring an envelope; or
(B) In a manner in which the social security number is visible on an envelope or without the envelope’s being opened; or
(4) Require an individual to transmit his or her social security number over the Internet unless the:
(A) Connection is secure; or
(B) Social security number is encrypted.

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(c) This section does not prevent the collection, use, or release of a social security number:

(1) As required or explicitly authorized by federal or state law; or
(2) Pursuant to state or federal court rules.

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(d) This section does not apply to an entity providing an electronic communications service to the public that is used by another person to violate this section unless the entity:

(1) Conspires with another person to violate this section; or
(2) Intentionally aids and abets another person in the violation of this section.

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(e) This section shall not be asserted as a means to avoid compliance with an otherwise valid request for records pursuant to the Freedom of Information Act, § 25-19-101 et seq.

(f) The Attorney General may:

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(1) Bring suit against any person for violating the provisions of this section;
(2) Collect civil penalties of up to two hundred fifty dollars ($250) per violation along with attorney’s fees and costs incurred in the investigation and prosecution of the matter; and

(3) Seek appropriate injunctive relief.

 

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