Arkansas Recording, Tracking & Surveillance Laws

At a glance

Adult subject — e.g., a spouse

Your own minor child

As a parent you generally have broad authority to monitor your own minor child — especially on a phone, computer, or vehicle you own or provide. The gray area is recording the child's conversations with other people, where wiretap law and the “vicarious consent” doctrine come in and outcomes vary — and if you're co-parenting, custody orders and the other parent's rights matter. Those are marked “seek legal advice.”

General (any subject)

Recording & consent

Arkansas is a one-party consent state. Under Ark. Code § 5-60-120 you may record a wire, oral, or telephone communication as long as you're a party to it, or one party consents. Recording a conversation you're not part of, without any party's consent, is unlawful interception.

A violation is a Class A misdemeanor, with fines up to $2,500. Conversations in public with no reasonable expectation of privacy can be recorded without consent. The federal overlay still applies.

Recording law enforcement

Recording on-duty police in public is protected by the First Amendment, so long as you don't physically interfere. Arkansas's one-party rule means openly recording a public encounter you're part of raises no interception problem.

GPS & vehicle tracking

Arkansas has no statute written only for GPS trackers. Tracking a vehicle you own or co-own is generally lawful; secretly tracking someone else's movements can be charged under Arkansas's stalking/harassment law (Ark. Code § 5-71-229). Because it turns on ownership and intent, treat non-consensual tracking as a lawyer question.

Private-investigator licensing

Arkansas requires a state license to work as a private investigator. Licensing runs through the Arkansas State Police and its Board of Private Investigators and Private Security Agencies (Ark. Code § 17-40-301 and following). Applicants need documented investigative experience (about two years) and must pass the state board exam.

Out-of-state investigator reciprocity

Arkansas recognizes PI licenses from a short list of states by reciprocity — as of this review, Tennessee, Louisiana, and Oklahoma (Ark. Code § 17-40-353) — where the other state offers Arkansas the same and its requirements are substantially equivalent. An investigator licensed elsewhere generally needs an Arkansas license. Confirm the current list with the Arkansas State Police.

Hidden cameras in private areas

Secretly using a camera to view or record someone in a private area out of public view, where they reasonably expect privacy, is the crime of video voyeurism in Arkansas (Ark. Code § 5-16-101). A related voyeurism statute (§ 5-16-102) covers looking into private places for sexual gratification. Hidden cameras in bedrooms, bathrooms, and changing areas are squarely off-limits.

Cameras in your own home / nanny cams

You can put cameras in your own home, including nanny cams in common areas. The limits: don't aim a camera at a space a guest, tenant, or worker would reasonably treat as private (a bathroom, or a live-in caregiver's bedroom) — that risks the video-voyeurism statute — and remember audio follows the recording law. Arkansas's one-party rule means a hidden mic capturing conversations you're not part of can be unlawful even at home.

Doorbell & outdoor cameras

A doorbell or outdoor camera covering your own porch, yard, or the street is fine — there's no reasonable expectation of privacy in public view. Trouble starts if you point a camera into a neighbor's window or fenced yard, or capture their private conversations. Aim at your property, not through someone else's walls.

Workplace & employee recording

Arkansas's one-party consent rule applies at work: someone who is part of a conversation may record it. Secretly recording conversations you're not part of, or planting a device, runs into the interception statute. Employers who monitor email or work systems should still give clear notice, and federal workplace rules can apply.

Drone surveillance

Arkansas addresses drone spying directly: its voyeurism statute (Ark. Code § 5-16-102) reaches looking into a private place through an unmanned vehicle or aircraft, and related law bars using a drone to capture images of a person or private property for surveillance without consent. Using a drone to spy into private spaces is a crime; general flight and filming from public vantage points is not. FAA rules govern the airspace.

See an error or an out-of-date citation? Please let us know.

General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Statutes and their interpretation change; entries may be incomplete or outdated. We disclaim all warranties and any liability for reliance on this page. Confirm the current law at the official Arkansas Codes and consult a licensed Arkansas attorney before recording, tracking, installing cameras, or gathering evidence.