Arkansas Senate Bill SB182

Arkansas 2023 Regular Session

• Introduced: 1/30/23
• Refer: 1/30/23
• Failed: 5/1/23

Caption

To Amend The Law Concerning Public Recording And Deletion Of Electronic Data.

Impact

If enacted, SB182 will impose penalties on public officials who violate the public's right to record certain events. The bill establishes that individuals who believe their rights have been adversely affected may initiate a civil action. The bill proposes that individuals can seek injunctive relief, recover civil penalties amounting to $1,000 per violation, as well as recover reasonable attorney's fees, provided the public officer involved does not have immunity. This enforcement mechanism is designed to enhance compliance among public officials regarding public transparency.

Summary

Senate Bill 182, introduced by Senator D. Sullivan, seeks to amend existing Arkansas law regarding public recording and the deletion of electronic data. The bill aims to refine the legal framework governing how public officials are allowed to manage and restrict the recording of events and the handling of electronic data. One key aspect of this amendment is the repeal of exemptions that currently allow certain publicly funded institutions, like schools, to prohibit video recordings, aiming for greater transparency and accountability in public settings.

Contention

Despite the emphasis on protecting recording rights, critics may express concerns regarding the bill's potential impact on public officials' discretion in managing security and privacy within public venues. Some may argue that while the intention behind the bill promotes transparency, it may inadvertently diminish the ability of institutions to maintain order and discretion. The balance between public rights and institutional authority will likely be a point of debate among stakeholders as the bill progresses through the legislative process.