Understanding Your Right to Privacy Under Arkansas Law

Arkansas has long been a leader in recognizing and protecting an individual's right to privacy. In civil law, Arkansas courts recognize four distinct forms of invasion of privacy: appropriation, intrusion upon seclusion, public disclosure of private facts, and false light. These legal protections exist to safeguard personal dignity, autonomy, and trust—especially in sensitive settings like medical care and mental health treatment.

When you share personal information with a doctor, therapist, or psychologist, you do so with the expectation that it will remain private. Arkansas law strongly supports that expectation. When a medical or psychological professional violates it, the law provides meaningful remedies.

Intrusion Upon Seclusion: When Privacy Is Invaded

One of the most common privacy violations involves intrusion upon seclusion. Under Arkansas law, a person may be liable when they intentionally intrude—physically or otherwise—into another person's private affairs in a way that would be highly offensive to a reasonable person.

To establish this claim, a plaintiff must show real damages, intentional intrusion without legal authority or consent, a legitimate expectation of privacy, and conduct that would strongly offend an ordinary person. Therapy sessions, medical examinations, and private health records are among the most protected spaces under the law.

When a medical or mental health professional improperly accesses, discusses, or shares this information, intrusion upon seclusion may apply.

Public Disclosure of Private Facts

Arkansas also recognizes claims for public disclosure of private facts. This occurs when highly personal information is publicized—even if it is true—and the disclosure would be highly objectionable to a reasonable person.

Medical conditions, mental health diagnoses, therapy discussions, and treatment details are classic examples of private facts. Courts have made clear that patients are entitled to keep this information confidential unless they consent to disclosure.

When a provider shares private information with multiple people, in group settings, or in ways that go beyond legitimate care, this type of privacy claim may arise.

How These Claims Apply to Medical and Psychological Professionals

Medical and mental health professionals occupy positions of extraordinary trust. Patients are often at their most vulnerable, and the law imposes strict obligations to respect confidentiality.

Privacy violations by these professionals may support claims beyond invasion of privacy, including breach of fiduciary duty and, in extreme cases, intentional infliction of emotional distress. Importantly, Arkansas courts have recognized that unauthorized disclosures often fall outside legitimate medical treatment, meaning they are not always governed by medical malpractice rules.

Why State Law Matters More Than HIPAA

Many privacy violations also violate HIPAA. However, HIPAA does not allow private lawsuits for damages. Instead, Arkansas state law provides the real pathway for injured patients to seek accountability and compensation.

Understanding the difference between regulatory violations and civil claims is critical. An experienced attorney can identify which claims are available and how best to pursue them.

Speak With an Arkansas Privacy Rights Attorney

If your medical or mental health privacy has been violated, you do not have to accept it as a cost of care. These cases are about protecting dignity, restoring trust, and preventing future harm.

Bautista LeRoy LLC represents Arkansas clients whose privacy rights have been violated by medical and psychological professionals. Our firm understands the emotional and legal complexity of these cases.

📞 Call Bautista LeRoy LLC today at 479-208-6614 for a confidential consultation. There is no obligation, and your privacy will be respected.

When trust is broken behind closed doors, the law provides a path forward. Bautista LeRoy LLC is ready to help you take the next step.