Data Breach Notification Laws in Alaska

Alaska’s Data Breach Laws cover any person doing business, government agency or person with more than 10 employees that owns, licenses or maintains unencrypted personal information about Alaska residents.

In the event of a breach:

• Notice is not required if, after an investigation and written notice to the Attorney General, the entity determines that there is not a reasonable likelihood that harm to the consumers has or will result. The determination must be documented in writing and maintained for five years
• Notification must be provided in the most expeditious time possible and without unreasonable delay, but may be delayed upon determination of law enforcement. If such a delay occurs, notification must be made after law enforcement determines that will not interfere with an investigation. If a breach of the security of the information system containing personal information of a state resident that is maintained by an information recipient occurs, the information recipient is not required to comply with AS 45.48.010 – 45.48.030. However, immediately after the information recipient discovers the breach, the information recipient shall notify the information distributor who owns the personal information or who licensed the use of the personal information to the information recipient about the breach and cooperate with the information distributor as necessary to allow the information distributor to comply with this statute.
• Governmental agencies are liable to the state for a civil penalty of up to $500 for each state resident who was not notified, but the total civil penalty may not exceed $50,000, and may be enjoined from further violations.
• The information collector is not subject to civil penalties imposed under 45.50.551 but is liable to the state for a civil penalty of up to $500 for each state resident who was not notified under AS 45.48.010-45.48.090, except that the total civil penalty may not exceed $50,000; and damages that may be awarded against the information collector under AS 45.50.531 are limited to actual economic damages that do not exceed $500.

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Federal Requirements: 

In general, State laws that are contrary to the Privacy Rule are preempted by the federal requirements, which means that the federal requirements will apply.

Privacy Rule:

•  Each covered entity, with certain exceptions, must provide a notice of its privacy practices. The Privacy Rule requires that the notice contain certain elements. The notice must describe the ways in which the covered entity may use and disclose protected health information. The notice must state the covered entity’s duties to protect privacy, provide a notice of privacy practices, and abide by the terms of the current notice. The notice must describe individuals’ rights, including the right to complain to HHS and to the covered entity if they believe their privacy rights have been violated. The notice must include a point of contact for further information and for making complaints to the covered entity. Covered entities must act in accordance with their notices. The Rule also contains specific distribution requirements for direct treatment providers, all other health care providers, and health plans.
• A covered entity must develop and implement written privacy policies and procedures that are consistent with the Privacy Rule.
•  A covered entity must train all workforce members on its privacy policies and procedures, as necessary and appropriate for them to carry out their functions. A covered entity must have and apply appropriate sanctions against workforce members who violate its privacy policies and procedures or the Privacy Rule.
•  OCR may impose a penalty on a covered entity for a failure to comply with a requirement of the Privacy Rule.  Penalties will vary significantly depending on factors such as the date of the violation, whether the covered entity knew or should have known of the failure to comply, or whether the covered entity’s failure to comply was due to willful neglect.  Penalties may not exceed a calendar year cap for multiple violations of the same requirement.

Security Rule:

The Security Rule requires covered entities to maintain reasonable and appropriate administrative, technical, and physical safeguards for protecting e-PHI.

Specifically, covered entities must:

• Ensure the confidentiality, integrity, and availability of all e-PHI they create, receive, maintain or transmit;
• Identify and protect against reasonably anticipated threats to the security or integrity of the information;
• Protect against reasonably anticipated, impermissible uses or disclosures; and
• Ensure compliance by their workforce.

Business Associates:

• The Privacy Rule requires that a covered entity obtain satisfactory assurances from its business associate that the business associate will appropriately safeguard the protected health information it receives or creates on behalf of the covered entity. The satisfactory assurances must be in writing, whether in the form of a contract or other agreement between the covered entity and the business associate.
• A “business associate” is a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of, or provides services to, a covered entity.

If you believe that a HIPAA-covered entity or its business associate violated your (or someone else’s) health information privacy rights or committed another violation of the Privacy, Security, or Breach Notification Rules, you may file a complaint with the Office for Civil Rights (OCR).

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Find the data breach notification laws in your state.