Privacy is a person’s legally protected interest in preventing government or other intrusion into their homes; their communications (phone, e-mail, in-person); their luggage; certain compartments of their motor vehicle (glovebox, trunk); their personally identifiable information (PII); their body (hair, clothing, unexposed body parts); their image and likeness (through unauthorized use); and other information, places, and property (real and personal) in which persons have a reasonable expectation of privacy.
People generally do not have a right to privacy from being photographed or heard (if done without use of surreptitious electronic or other surveillance technologies) in public places—essentially, when they step outside of their home. There are exceptions to this general rule in which persons do have a right to privacy—such as in a doctor’s exam room or when making a phone call in a phone booth.
The Fourth Amendment to the United States Constitution protects people against government intrusions into their privacy.
And state and federal laws (statutes and court opinions) generally protect persons from unauthorized use of their personal information and from intrusions into their privacy by nongovernmental persons or entities. These protected privacy interests are generally limited to areas in which persons have a reasonable expectation of privacy (home, health information, image and likeness, e-mail communications, etc.)—and these laws vary from state to state.
In Arkansas, privacy is recognized as a legally protected interest, which includes protection against government intrusion into an individual's personal life and property. This encompasses the privacy of homes, communications, personal belongings, personally identifiable information (PII), and aspects of personal appearance. The Fourth Amendment of the U.S. Constitution provides a broad protection against unreasonable searches and seizures by the government, reinforcing the right to privacy. Arkansas state law also provides protections against unauthorized use of personal information and intrusions by non-governmental entities. For example, the Arkansas Personal Information Protection Act requires businesses to implement and maintain reasonable security practices to protect PII. However, in public spaces, individuals generally do not have a right to privacy from being photographed or overheard, unless they are in a situation where they have a reasonable expectation of privacy, such as in a doctor's office or a private phone booth. It's important to note that while there is a general expectation of privacy, the specifics can vary and there are exceptions to these rules. State statutes and federal laws, along with court opinions, shape the extent and limitations of privacy rights in Arkansas.