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HB 19: "An Act relating to invasion of privacy of another."

00 HOUSE BILL NO. 19 01 "An Act relating to invasion of privacy of another." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.65 is amended by adding a new section to read: 04 Sec. 09.65.245. Civil liability for invasion of privacy. (a) Except as 05 provided in (b) of this section, unless the person has the consent of all persons 06 observed, photographed, or recorded, a person who photographs, observes, or records 07 the activities of another individual that occurred in a private place and out of public 08 view for the purpose of invading the privacy of another is liable to the person 09 observed, photographed, or recorded. A person who goes on or about the premises of 10 another, or into any private place, for the purpose of invading the privacy of another 11 by eavesdropping on a conversation or secretly observing another is liable to a person 12 whose privacy was invaded as described in this subsection. 13 (b) This section does not apply to the observation, eavesdropping, 14 photography, or recording of the activities of a person 15 (1) incarcerated in a jail, correctional facility, or other facility in

01 which persons who are charged with or who have been convicted of the commission 02 of a crime are incarcerated; however, this section does apply to the observation, 03 eavesdropping, photography, or recording of a conversation protected by the attorney- 04 client privilege; 05 (2) in accordance with a warrant; or 06 (3) for medical purposes. 07 (c) A person may bring an action for damages for, and to enjoin and restrain, a 08 violation of this section.