Alaska Privacy laws & HR compliance analysis

Alaska Privacy: What you need to know

Alaska's state constitution guarantees the right of privacy to state citizens (Alaska Const. art. I, § 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 (Alaska 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.
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Although State v. Carpenter, 171 P.3d 41 (Alaska 2007), acknowledged a cause of action for false light, it was not applied to a case of opinion, as opposed to fact.
Wiretapping and phones. Employers may not “use an eavesdropping device to hear or record all or any part of an oral conversation without the consent of a party to the conversation” (Alaska Stat. § 42.20.310). This applies to both in-person and telephone conversations. Nonconsensual contact within the meaning of the stalking law includes following or monitoring a person with a global positioning device (Alaska Stat. § 11.41.270(b)(4)(H)).
Alcohol and drug testing. Alaska law allows employers to test job applicants and employees for drug or alcohol impairment and regulates the procedures that employers must follow in implementing such testing (Alaska Stat. § 23.10.600 et seq.). More information is available at the Alaska Alcohol and Drugs section.
Genetic testing. State law prohibits genetic testing without an individual's informed and written consent (Alaska Stat. § 18.13.010). The law ...

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