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“"Captured plate data" means the global positioning device coordinates, date and time, photograph, license plate number, and any other data captured by or derived from any automatic license plate reader system;”

The definition reaches anything "derived from" the system — not only the photograph and the plate number.

Source · Act 1491 of 2013, § 1 (official act PDF, arkleg.state.ar.us) · amended by Acts 2013, No. 1491, § 1; 2025, No. 668, § 1 (added subdivision (6))

“Captured plate data shall not include any personal data;”

"Personal data" is not defined anywhere in this subchapter.

Source · Act 1491 of 2013, § 1

“Except as provided in subsection (b) of this section, it is unlawful for an individual, partnership, corporation, limited liability company, association, or the State of Arkansas, its agencies, and political subdivisions to use an automatic license plate reader system.”

Subsection (a) is a flat prohibition on use by everyone, public and private. Subsection (b) is a closed list of five permitted uses. There is no general "law enforcement may use ALPR" authorization anywhere in the statute.

Source · Act 668 of 2025, § 2 (restates the section in full) · amended by Acts 2013, No. 1491; 2015, No. 849; 2017, No. 250; 2017, No. 707; 2025, No. 668

“An automatic license plate reader system may be used: (1) By a state, county, or municipal law enforcement agency for the comparison of captured plate data with data held by the Office of Motor Vehicle, the Arkansas Crime Information Center, the National Crime Information Center, a database created by law enforcement for the purposes of an ongoing investigation, and the Federal Bureau of Investigation for any lawful purpose;”

The permitted use is written as a purpose: comparing captured plate data against five named sources. One of those five is "a database created by law enforcement."

Source · Act 668 of 2025, § 2

“Except as provided under subsection (b) of this section, captured plate data obtained for the purposes described under § 12-12-1803(b) shall not be used or shared for any other purpose and shall not be preserved for more than: (1) Sixty (60) days by a private landowner, private leaseholder, or commercial business; or (2) One hundred fifty (150) days by all other eligible entities.”

This is where Arkansas sets its retention caps — sixty days for private users, one hundred fifty days for everyone else. Subsection (b) suspends the cap for data held as part of an ongoing investigation.

Source · Act 668 of 2025, § 2 · amended by Acts 2013, No. 1491, § 1; 2025, No. 668, § 2

“Except as provided under subdivision (d)(2) of this section, a governmental entity authorized to use an automatic license plate reader system under § 12-12-1803(b) shall not sell, trade, or exchange captured plate data for any purpose.”

Subdivision (d)(2) permits sharing with other law enforcement agencies of data "that indicates evidence of an offense." There is no third-party processor pathway anywhere in subsection (d).

Source · Act 668 of 2025, § 2

“(A) Captured plate data obtained by a private landowner, private leaseholder, or commercial business under § 12-12-1803(b)(4) may be shared with a third-party processor providing asset protection analytical services on the captured plate data as part of a contractual agreement with the private landowner, private leaseholder, or commercial business. (B) The terms of the contractual agreement shall expressly prohibit a third-party processor from using the captured data for any other purpose and impose a data retention period not to exceed sixty (60) days from receipt of the captured plate data.”

Added in 2025, and written only for private landowners, leaseholders and businesses — § 12-12-1803(b)(4). It does not reach data a police department collects. Even this one pathway requires the contract to expressly prohibit any other use, and caps retention at sixty days.

Source · Act 668 of 2025, § 2

“(A) Promulgate rules and policies concerning the manner and method of obtaining, retaining, and destroying captured plate data, including without limitation specific rules and policies concerning retention of material in excess of one hundred fifty (150) days under § 12-12-1804(b), and make those rules and policies available for public inspection. (B) Failure to comply with subdivision (a)(3)(A) of this section shall be grounds for a court of competent jurisdiction to exclude any evidence obtained under this subchapter.”

Act 668 of 2025 moved this requirement; it used to sit at § 12-12-1805(b)(4).

Source · Act 668 of 2025, § 2

“The preserved data shall include: (1) The number of license plates scanned; (2) The names of the lists against which captured plate data were checked; and (3) For each check of captured plate data against a list: (A) The number of confirmed matches; (B) The number of matches that upon further investigation did not correlate to an alert; and (C) The number of matches that resulted in arrest and prosecution.”

Compiled every six months, preserved eighteen months, in a format sufficient to allow the general public to review it. These are the numbers that would answer whether the system works, and every Arkansas law-enforcement user is already required to keep them.

Source · Act 668 of 2025, § 2

“Captured plate data and evidence derived from it shall not be received in evidence in any trial, hearing, or other proceeding before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the state or a political subdivision of the state if the disclosure of that information would be in violation of this subchapter.”

An evidentiary rule: captured plate data, and evidence derived from it, cannot be used in a proceeding if the disclosure violated this subchapter.

Source · Act 1491 of 2013, § 1

“(a) A person who violates this subchapter shall be subject to legal action for damages to be brought by any other person claiming that a violation of this subchapter has injured his or her business, person, or reputation. (b) A person so injured shall be entitled to actual damages, or liquidated damages of one thousand dollars ($1,000), whichever is greater and other costs of litigation. (c) The Attorney General may bring an action to enforce a violation of this subchapter under the Deceptive Trade Practices Act, § 4-88-101 et seq.”

A person injured by a violation can sue for actual damages, or one thousand dollars, whichever is greater, plus the costs of litigation.

Source · Act 1491 of 2013, § 1; subsection (c) added by Act 668 of 2025, § 3

“Practice and usage data compiled and preserved under § 12-12-1806 are a public record for purposes of the Freedom of Information Act of 1967, § 25-19-101 et seq.”

These numbers are a public record under the Freedom of Information Act — anyone can request them. The section as printed cross-references § 12-12-1806; the data itself is compiled under § 12-12-1805.

Source · Act 1491 of 2013, § 1