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 (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 (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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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” (AK Stat. Sec. 42.20.310). This applies to both in-person and telephone conversations.
The Alaska Legislature has enacted a comprehensive Personal Information Protection Act. The following is a discussion of the Act's main provisions.
Covered persons who own or license personal information about state residents must notify affected persons if their personal information has been subject to a breach. Notification must take place as soon as possible, except in cases when a law enforcement agency determines that notification will interfere with a criminal investigation (AK Stat. Sec. 45.48.010 et seq.).
Disclosure of a breach is not required if, after an investigation and notice to the state attorney general, the covered person determines that there is not a reasonable likelihood of harm to the consumer. This determination must be documented in writing, and ...

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