Law / United States / 
Alaska
Alaska Personal Information Protection Act, violations and enforcement
In force since .
An enforcement supervision rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Data subject residence
- Obligation class
- Breach notice
- Audit expectation
- none
What it requires
- Expect a violation of Alaska's breach notification duty by a non-governmental information collector to be pursued as an unfair or deceptive act or practice, which can arm a private plaintiff, not only the state.
- Do not assume a private plaintiff's recovery follows the general treble-damages rule of Alaska's Unfair Trade Practices Act. A breach notification violation caps recovery to actual economic damages not exceeding $500 under one cross-referenced remedy, and to actual economic damages under the other.
- Expect a civil penalty of up to $500 for each unnotified Alaska resident, capped at $50,000 total, regardless of whether the violator is a government agency or a private information collector.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Civil penalty of up to $500 for each unnotified Alaska resident, capped at $50,000 total, payable to the state; applies alike to a governmental agency, enforced by the Department of Administration, and to a non-governmental information collector, in addition to that collector's separate exposure to a capped private action.
- Rule
- Per violation only
- As of
- Currency
- USD
- Fixed cap
- 50,000
- Per violation unit
- Person
- Per violation amount
- 500
Who enforces it
Enforcement body
Alaska Department of Administration, against a governmental agency violator. A non-governmental information collector's violation is instead pursued as an unfair or deceptive act or practice under the Unfair Trade Practices and Consumer Protection Act; no dedicated privacy regulator exists.
Settledness
- As of
- Open questions
- Does a covered person that notifies a resident only after an unreasonable delay count as having 'not notified' that resident for the civil penalty of up to $500 for each state resident in AS 45.48.080(a)(1) and (b)(1), or does the penalty reach only a resident who is never notified?
What it makes you log
Logging duty
Section 45.48.080 sets the civil penalty for a violation of the breach notification chapter, treats a private collector's violation as an unfair or deceptive act, and has the Department of Administration enforce it against a governmental agency. It imposes no duty to make, keep or produce a record. The five-year documentation duty sits in AS 45.48.010(c), which this row does not cite.
- Kind
- None
- As of
What this law does
A governmental agency that violates the breach notification duty is liable to the state for a civil penalty of up to $500 per unnotified resident (capped at $50,000) and may be enjoined, enforced by the Department of Administration.
A non-governmental information collector's violation is instead deemed an unfair or deceptive act or practice under Alaska's Unfair Trade Practices and Consumer Protection Act (AS 45.50.471-45.50.561), which arms a private plaintiff, but this Act caps what that private plaintiff may recover: damages under the Act's general private and class action provision (AS 45.50.531, ordinarily treble damages or $500, whichever is greater) are limited here to actual economic damages not exceeding $500, and damages under the Act's fees-and-costs provision (AS 45.50.537) are limited to actual economic damages.
The non-governmental violator is also liable to the state for the same $500-per-resident, $50,000-total civil penalty as a governmental agency, though not the Act's ordinary civil penalties.
When LexLint raises it
When your app profile says your app processes personal data.
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Page updated .