About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

2014 Op. Ark. Att'y Gen. 1 (2014)

handle is hein.sag/sagar0106 and id is 1 raw text is: Opinion No. 2013-090
January 13, 2014
The Honorable Jeremy Gillam
State Representative
1825 Missile Base Road
Judsonia, Arkansas 72081-9169
Dear Representative Gillam:
You have requested my opinion on the following questions concerning motor
vehicle accident reports:
1. Does a motor vehicle accident report created by an Arkansas law
enforcement agency constitute a registration record covered by
Ark. Admin. Code 006.05.102?
2. May a municipality or law enforcement agency lawfully redact
personal information from motor vehicle accident reports under
authority granted by Ark. Admin. Code 006.05.102, Ark. Code
Ann. 27-14-412(a)(1), the Federal Driver's Privacy Act (18
U.S.C. § 2721), or any other applicable state law or regulation?
RESPONSE
The answer to your first question is no. Your second question cannot be
answered with a simple yes or no. Arkansas Code Annotated §§ 27-53-209
and -305 provide that traffic accident reports made by Arkansas law enforcement
officers are open to public inspection. But the federal Driver's Privacy Protection
Act (DPPA, 18 U.S.C. §§ 2721 through 2725) must be considered if a report
contains personal information that was obtained from the Arkansas Office of
Motor Vehicles (OMV). I believe it is debatable, given the protections of the
DPPA, whether A.C.A. §§ 27-53-209 and -503 invariably require public

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most