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Alaska  

 

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Alaska Stat. § 45.48.010–.090

 

Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Most expeditious time possible and without
unreasonable delay

NO*

 

 

More Details

Scope of this Summary Notification requirements applicable to persons doing business or with more than 10 employees, that own, license or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or state identification card number; financial account , credit or debit card number, in combination with any associated security or access code, PIN or password that would permit access to a resident's financial account information (if any are required); or passwords, PINS or other access codes for financial accounts.
Form of Covered Info Electronic or Paper 
Encryption Safe Harbor Statute does not apply to information that is encrypted or redacted, so long as the encryption key was not accessed or acquired.
Breach Defined Unauthorized acquisition, or reasonable belief of unauthorized acquisition, that compromises the security, confidentiality or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Consumer Notice Timing: Must be made in the most expeditious time possible and without unreasonable delay consistent with any measures to determine the scope of the breach and to restore the reasonable integrity of the system.

Method: By written notice or electronic notice (if it is the primary method of communication with resident or is consistent with E-SIGN). Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines that notice will interfere with a criminal investigation.
Harm Threshold Notification not required if, after appropriate investigation and after written notification to the Alaska Attorney General, covered entity determines that there is not a reasonable likelihood that harm to consumer has resulted or will result from the breach.
Government Notice *Written notification to Alaska Attorney General required only if you do not send notice because you have determined harm threshold is not reached.
Consumer Agency Notice If more than 1,000 residents notified, must notify all nationwide CRAs without unreasonable delay of timing, distribution and content of the consumer notice. Entities subject to Gramm-Leach-Bliley are exempt from this requirement.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach. Must cooperate by sharing relevant information about breach, except for confidential business info or trade secrets.
Potential Penalties Violations may result in civil penalties.

 

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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

 

Last revised on May 30, 2018