Cite as 349 Ark. 600 (2002)
cates a public policy of the General Assembly supporting a right to privacy.
[24] A right to privacy is also recognized in the Arkansas Rules of Criminal Procedure. The commentary to Ark. R. Crim. P. 2.2 notes:
The approach of a citizen pursuant to a policeman's investigative law enforcement function must be reasonable under the existent circumstances and requires a weighing of the government's interest for the intrusion against the individual's right to privacy and personal freedom; to be considered are the manner and intensity of the interference, the gravity of the crime involved, and the
Ark. Code Ann. § 5-71-225(a)(2) (Repl. 1997) (regulations for long-term care to protect the privacy of the elderly); Ark. Code Ann. § 6-18-1204(3) (Repl. 1997) (Arkansas Student Publications Act prohibiting "[p]ublications that constitute an unwarranted invasion of privacy[.]"); Ark. Code Ann. § 7-5-310 (Repl. 2000) (privacy when voting); Ark. Code Ann. § 9-14-208(j) (2002) (Office of Child Support Enforcement exempting records subject to privacy safeguards from a business records classification); Ark. Code Ann. § 9-14210(g) - (1) (2002) (setting out Office of Child Support Enforcement privacy safeguards); Ark. Code Ann. § 9-27-309(h) (Repl. 2002) (protecting the privacy of juvenile records); Ark. Code Ann. § 12-12-205(2)(A) (Supp. 2001) (protecting the individual missing person's right to privacy); Ark. Code Ann. § 12-12-213 (Repl. 1999) (prohibiting invasion of privacy by the Arkansas Crime Information Center); Ark. Code Ann. § 12-51-301(e)(2) (Supp. 2001) (prohibiting the Interstate Commission for Adult Offender Supervision from disclosing any information or official records to the extent they would adversely affect personal privacy rights); Ark. Code Ann. § 14-14-110(b) (Repl. 1998) (prohibiting the release of personal, medical, or other records where the right to individual privacy exceeds the merits of public disclosure); Ark. Code Ann. § 16-43-1001(g) (Repl. 1999) (permitting a protective order for videotapes of closed-circuit testimony which are part of the court record for the purpose of protecting the privacy of the alleged victim); Ark. Code Ann. § 16-44-203(d) (Repl. 1999) (protecting the privacy of the alleged victim where videotapes are a part of the court record); Ark. Code Ann. § 20-7-302 (Repl. 2000) (requiring the Department of Health database to be maintained to protect confidentiality and privacy); Ark. Code Ann. § 20-10-1003(b)(13) (Repl. 2000) (mandating that the Office of Long-Term Care develop a "residents' bill of rights" protecting the residents' right to privacy); Ark. Code Ann. § 23-42-207(3) (Repl. 2000) (Records of the Securities Commissioner are all public, except those whose disclosure of which would constitute a clearly unwarranted invasion of personal privacy); Ark. Code Ann. § 23-48-808 (Repl. 2000) (requiring that customer-bank communication terminals have reasonable safeguards designed to protect the privacy and confidentiality of account information); Ark. Code Ann. § 25-19-105(b)(12) (Repl. 2002) (certain records exempted from release under Freedom of Information Act where their "disclosure would constitute a clearly unwarranted invasion of personal privacy").
