Alaska has not enacted a comprehensive consumer privacy law. The Alaska Constitution includes a right to privacy, and the state has data breach notification requirements.
Alaska Privacy & Accessibility Laws
Alaska does not have a comprehensive consumer privacy law as of 2024. The state has a constitutional right to privacy and has enacted data breach notification requirements. Alaska state agencies must ensure their digital services are accessible to all residents, including those with disabilities.
Privacy Law Status
Accessibility Requirements
Alaska state agencies must ensure websites and digital services are accessible under ADA Title II and state IT accessibility standards.
Alaska Constitutional Privacy Right
Alaska is one of ten states with an explicit right to privacy in its constitution:
Article I, Section 22 - Right of Privacy
"The right of the people to privacy is recognized and shall not be infringed."
This constitutional provision provides Alaska residents with privacy protections that may exceed federal standards, particularly regarding government intrusion. However, it primarily applies to government action rather than private business practices.
Alaska Privacy Regulations
- Personal Information Protection Act: Requires businesses to implement reasonable security measures
- Data Breach Notification: Mandatory notification to affected individuals
- Social Security Number Protection: Restrictions on SSN use and display
- Alaska Unfair Trade Practices Act: Prohibits deceptive data practices
Data Breach Notification Requirements
| Requirement | Details |
|---|---|
| Covered Entities | Any person or business that owns or licenses personal information of Alaska residents |
| Notification Timeline | Without unreasonable delay (interpreted as within 45-60 days) |
| AG Notification | Required if breach affects more than 1,000 residents |
| Covered Data | Name plus SSN, driver's license, financial account, health insurance, medical information |
| Penalties | Civil penalties up to $500 per violation, max $50,000 |
Accessibility Requirements
Alaska government agencies must ensure digital accessibility for all residents:
State Government Obligations
- Alaska state agencies must comply with ADA Title II for all public-facing digital content
- The Department of Administration provides IT accessibility guidance
- State websites should follow WCAG 2.1 Level AA guidelines
- Educational institutions must ensure accessible digital learning platforms
- State procurement policies require vendor accessibility compliance
Private Sector Considerations
- Businesses with places of public accommodation are subject to ADA Title III
- Website accessibility claims can be brought under federal ADA
- Alaska Human Rights Law prohibits disability discrimination in public accommodations
- Healthcare providers must ensure accessible patient communication
Enforcement
Privacy Enforcement
- Alaska Attorney General - Consumer protection and data breach enforcement
- Division of Banking and Securities - Financial data protection
- State Human Rights Commission - Privacy-related discrimination
Contact:
Office of the Attorney General
1031 W. 4th Avenue, Suite 200
Anchorage, AK 99501
(907) 269-5100
Accessibility Enforcement
- U.S. Department of Justice - ADA Title II and III enforcement
- Alaska State Human Rights Commission - State disability discrimination
- Private litigation - Individuals can bring ADA claims
Contact:
Governor's Council on Disabilities
and Special Education
(907) 269-8990
Toll-free: (888) 269-8990
Business Obligations
| Obligation | Description |
|---|---|
| Data Security | Implement reasonable security measures to protect personal information |
| Breach Notification | Notify affected individuals without unreasonable delay |
| SSN Protection | Cannot publicly display or require transmission of SSNs over unsecured connections |
| Data Disposal | Properly dispose of records containing personal information |
| Unfair Practices | Cannot engage in deceptive data collection or use practices |
Consumer Rights
Alaska residents have the following privacy and accessibility rights:
- Constitutional Privacy: Protection against unreasonable government intrusion
- Data Breach Notification: Right to be notified of security breaches affecting personal information
- SSN Protection: Right to protection against public disclosure of Social Security numbers
- Credit Freeze: Right to place security freezes on credit reports at no cost
- Medical Privacy: Rights under HIPAA and state health privacy laws
- Disability Accommodations: Right to accessible government services and public accommodations
Unique Alaska Considerations
Alaska's vast geography and remote communities create unique digital accessibility challenges. Many residents rely heavily on online government services, making web accessibility particularly important. State agencies are encouraged to consider low-bandwidth accessibility options.
Related Resources
- US Privacy Laws Overview
- ADA Title II Requirements
- ADA Title III for Businesses
- All State Laws
- Privacy Compliance Guide
- Report a Violation
Need Help with Alaska Compliance?
While Alaska lacks a comprehensive privacy law, its constitutional privacy right and data breach notification requirements create important obligations. Contact our experts for guidance on meeting your compliance requirements.