AR HB2169

Public officers and employees are prohibited from preventing persons from using recording devices in public places or locations where they have a right to be, except when recording presents a genuine physical safety risk or constitutes a criminal offense.

Public officers and employees cannot delete electronic data from recording devices against the device owner's wishes or destroy information contained in the device unless the data are considered contraband.

Public officers and employees cannot seize or confiscate recording devices unless the device appears involved in a crime or seizure is justified by exigent circumstances.

Violations of the statute constitute a waiver of sovereign immunity for the state and qualified immunity for public officers or employees, allowing individuals to sue violators in both official and personal capacities.

The recording device protections do not apply when someone uses recording to intrude upon another person's privacy in a manner that violates a reasonable expectation of privacy and would be highly offensive to a reasonable person.