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Data Breach Laws in Alaska: How to Respond

Alaska’s Personal Information Protection Act requires businesses to notify their customers of a data breach – unless no harm is determined – by written or electronic means. This does not apply if the data was encrypted. The law in Alaska also includes protection for a data breach of any PINs, passwords, or access codes to any financial account. Additionally, businesses can face fines up to $500 per resident and $50,000 per incident.

Name of Law / Statute

Personal Information Protection Act

Definition of Protected Information

Standard PI definition (Combination of (1) name or other identifying info, PLUS (2) one or more of these "data" elements: SSN; driver's license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes) PLUS protection for PIN, password, or access code to any financial account alone

Who Is Subject to Law?

Any person doing business, any business with 10 or more employees

Notification of Consumers?

Yes, unless determination of no harm

By what means?

Written or electronic; if >1000 residents, must notify national credit reporting agencies

Substitute Notice Threshold?

No.

Notification of authorities / regulators required?

Yes (in writing), if business investigates and finds no "reasonable likelihood that harm to the consumers whose personal information has been acquired has resulted or will result from the breach"; must maintain record for 5 years

By what means?

Writing

Regulatory Fines

Up to $500 per resident, up to $50,000 per incident

Credit monitoring requirement?

No

Private lawsuits allowed?

Yes

Private damages cap?

Actual economic damages + attorney fees and costs

Regulatory actions allowed?

Yes, but only against government agencies

HIPAA Compliance exemption?

No

Other  (e.g., timeframe)

Law does not apply if PI was encrypted

Link to complete law

http://www.legis.state.ak.us/PDF/25/Bills/HB0065Z.PDF

Read the full text of Alaksa’s data breach law.

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