Alaska's state constitution guarantees the right of privacy to state citizens (AK Const. Art. I, Sec. 22). This provision applies to public (i.e., governmental) entities; the constitutional right to privacy does not extend to the actions of private persons (Luedtke v. Nabors Alaska Drilling, 768 P.2d 1123 (AK 1989)). However, state courts have recognized a cause of action for invasion of privacy when a person intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his or her private affairs or concerns. The intrusion must be highly offensive to a reasonable person.
Additionally, in the employment setting, the Alaska Supreme Court has held that there is a public policy supporting the protection of employee privacy. Violation of that policy by an employer may rise to the level of a breach of the implied covenant of good faith and fair dealing in the employment relationship. For example, employees have the right to withhold certain private information from their employers, such as their age, marital status, or other protected characteristics.