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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