SB 116: "An Act establishing the Consumer Data Privacy Act; establishing data broker registration requirements; making a violation of the Consumer Data Privacy Act an unfair or deceptive trade practice; and providing for an effective date."
00 SENATE BILL NO. 116 01 "An Act establishing the Consumer Data Privacy Act; establishing data broker 02 registration requirements; making a violation of the Consumer Data Privacy Act an 03 unfair or deceptive trade practice; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 44.33.020(a) is amended by adding a new paragraph to read: 06 (45) establish and maintain a data broker registry. 07 * Sec. 2. AS 45 is amended by adding a new chapter to read: 08 Chapter 49. Consumer Data Privacy Act. 09 Article 1. Collection, Sale, or Disclosure of Consumer Personal Information. 10 Sec. 45.49.010. Notice of collection, sale, or disclosure of personal 11 information. (a) A business that collects personal information from a consumer shall 12 notify the consumer before collecting the information. Notification to the consumer 13 must indicate the categories of personal information that will be collected, the specific 14 purposes for which each category of personal information will be used, and the
01 consumer's right to opt out of the sale of the consumer's personal information and use 02 of the consumer's precise geolocation data under AS 45.49.050. A business may not 03 collect an additional category of personal information or use the collected personal 04 information for an additional purpose without first notifying the consumer in 05 accordance with this section. 06 (b) A business shall maintain, and update at least once every 12 months, in the 07 business's online privacy policies and in any state-specific description of consumers' 08 privacy rights, or on the business's Internet website if the business does not maintain 09 those policies, the following information: 10 (1) a description of a consumer's rights under this chapter; 11 (2) all the designated methods of the business by which a consumer 12 can request access to or deletion of information as provided under this chapter; 13 (3) a list of the categories of consumer personal information that the 14 business collected, sold, or disclosed for a business or commercial purpose in the 15 preceding 12 months, and a designation of that information as collected, sold, or 16 disclosed for a business or commercial purpose; or, if the business did not collect, sell, 17 or disclose any consumer personal information for a business or commercial purpose, 18 a disclosure of that fact; 19 (4) the categories of sources from which the consumer personal 20 information was collected; 21 (5) a description of the business or commercial purpose for which each 22 category of consumer personal information was collected, sold, or disclosed; 23 (6) the categories of third parties to which the business sold or 24 disclosed consumer personal information; 25 (7) a description of a consumer's right to request specific pieces of the 26 consumer's personal information that the business collected; 27 (8) a statement that information collected to verify a consumer's 28 disclosure or deletion request shall only be used as provided in AS 45.49.060(d) and 29 (e)(1). 30 (c) In addition to the requirements of (b) of this section, a business shall 31 include on its Internet website
01 (1) a clear and conspicuous link to an Internet webpage titled "Do Not 02 Collect or Sell My Personal Information" that enables a consumer to exercise the 03 consumer's rights under this chapter; a business may not require a consumer create an 04 account to access this Internet webpage or to opt out under this section; the link must 05 be included 06 (A) on the homepage of the business's Internet website; 07 (B) in the business's online privacy policies if the business has 08 online privacy policies; and 09 (C) in any state-specific description of consumers' privacy 10 rights; and 11 (2) a description of a consumer's rights under this chapter. 12 (d) A business may comply with (c) of this section by including the required 13 content on a separate and additional Internet webpage that is dedicated to state 14 consumers. A business shall include on an Internet webpage dedicated to state 15 consumers the content required under (b) and (c) of this section and reasonably ensure 16 that state consumers are directed to the alternative Internet website. 17 (e) A business subject to this chapter shall provide training to individuals 18 responsible for handling consumer questions or requests under this chapter, including 19 training in how to direct a consumer to exercise the consumer's rights under this 20 chapter. 21 Sec. 45.49.015. Personal information; notification upon receipt. (a) When a 22 person receives personal information for a business or commercial purpose that a 23 business originally collected from a consumer, the person shall notify the business that 24 the person possesses the personal information and provide the person's contact 25 information. The person shall provide updated contact information to the business if 26 the person's contact information changes. 27 (b) A person who receives personal information that a business originally 28 collected from a consumer, and who discloses the personal information to another 29 person for a business or commercial purpose, shall notify the business that originally 30 collected the information not later than 10 days after the disclosure. The notification 31 must include the contact information of the person to whom the personal information
01 was disclosed. 02 (c) A person who receives personal information that a business originally 03 collected from a consumer shall either deidentify the personal information or maintain 04 the personal information in such a way that the person can readily comply with a 05 disclosure or deletion request under this chapter. 06 (d) A business that collects or has collected personal information from a 07 consumer shall maintain records of each person to whom the business discloses the 08 personal information. The business shall also maintain all records provided to the 09 business under (a) and (b) of this section. 10 (e) A person may not disclose personal information that a business collected 11 from a consumer unless the personal information is disclosed in accordance with a 12 contract that requires the recipient to comply with a deletion request issued under this 13 chapter. 14 Sec. 45.49.020. Right to request disclosure of collected personal 15 information. (a) A consumer may request a business that collects or collected the 16 consumer's personal information disclose to the consumer 17 (1) the categories and specific pieces of personal information that the 18 business collects or collected within the five years preceding the date of the request; 19 (2) the sources from which the business collects or collected each 20 category of personal information; and 21 (3) the business or commercial purpose for the collection of each 22 category of personal information. 23 (b) A business shall respond to a verified consumer request under this section 24 as required by AS 45.49.060. 25 Sec. 45.49.030. Right to request deletion of personal information. (a) A 26 consumer may request a business delete any of the consumer's personal information 27 collected by the business from the consumer within the five years preceding the date 28 of the request. 29 (b) Upon receipt of a verified consumer request under this section, a business 30 shall delete the information identified in the request from the business's records. 31 (c) A business that receives a deletion request under (b) of this section shall
01 direct all persons to whom a business disclosed records under AS 45.49.015 to delete 02 the personal information and provide a written statement verifying that the information 03 has been deleted within 45 days of the consumer's deletion request. A person shall 04 comply with a directive under this subsection. The business shall immediately provide 05 written notification to the attorney general and the consumer of a person who fails to 06 provide written verification of compliance. 07 (d) A person is not required to delete personal information under (c) of this 08 section if the information must be maintained to 09 (1) complete the transaction for which the personal information was 10 collected; 11 (2) provide a good or service requested or reasonably anticipated 12 within an ongoing business relationship with the consumer; 13 (3) fulfill the terms of a written warranty or product recall conducted in 14 accordance with federal law; 15 (4) perform a contract between the business and consumer; 16 (5) detect security incidents; protect against malicious, deceptive, 17 fraudulent, or illegal activity; or prosecute those responsible for that activity; 18 (6) identify and repair errors that impair existing, intended 19 functionality of a product or service; 20 (7) exercise a right provided for by law, including the right under the 21 First Amendment of the United States Constitution to freedom of expression, or ensure 22 the right of another consumer to exercise that consumer's right to freedom of 23 expression; 24 (8) comply with a search warrant, subpoena, or court order; 25 (9) engage in public or peer-reviewed scientific, historical, or 26 statistical research in the public interest that adheres to all other applicable ethics and 27 privacy laws, if 28 (A) the deletion of information is likely to seriously impair or 29 render impossible the achievement of the research; and 30 (B) the consumer has provided informed consent to the 31 research;
01 (10) enable solely internal uses that are reasonably aligned with the 02 consumer's expectations, based on the consumer's relationship with the business; or 03 (11) comply with a legal obligation. 04 Sec. 45.49.040. Right to request disclosure of personal information sold or 05 disclosed for a business or commercial purpose. (a) A consumer may request that a 06 business that sold or disclosed the consumer's personal information within the last five 07 years for a business or commercial purpose disclose to the consumer 08 (1) the third parties subject to AS 45.49.015 in possession of the 09 consumer's personal information; 10 (2) the categories of personal information or specific pieces of personal 11 information that were sold or disclosed to each third party for a business or 12 commercial purpose; 13 (3) for the third parties to which the business directly disclosed the 14 consumer's personal information for a business or commercial purpose, the business or 15 commercial purpose for disclosing each category of personal information. 16 (b) A business shall respond to a verified consumer request under this section 17 as required by AS 45.49.060. 18 Sec. 45.49.050. Right to opt out or for a minor to opt in. (a) A consumer 19 may, at any time, request that a business not sell the consumer's personal information 20 or not sell particular categories of the consumer's personal information. 21 (b) A business shall limit the use and disclosure of a consumer's precise 22 geolocation data to that necessary to provide goods or services that a consumer 23 requests and reasonably expects, or goods and services the business reasonably 24 expects the consumer will request. A business may use a consumer's precise 25 geolocation data for other purposes if the consumer consents to the use. A consumer 26 who consents to the use of the consumer's precise geolocation data for other purposes 27 may, at any time, request that the business stop using the data for other purposes. In 28 this subsection, "consents" means the consumer agrees in writing, in an agreement 29 separate from any other user agreement, to the business's use of the consumer's precise 30 geolocation data for other purposes. 31 (c) A business shall respond to a verified consumer request under this section
01 as required by AS 45.49.060, unless the consumer subsequently provides a clear and 02 explicit renunciation of the request. For one year after receiving a request under (a) or 03 (b) of this section, a business may not contact the consumer to request that the 04 consumer renounce the request. 05 (d) If a business has actual knowledge that a consumer is under 18 years of 06 age, the business may not disclose the consumer's personal information for a business 07 or commercial purpose, or use the consumer's precise geolocation data for a purpose 08 other than to provide goods or services that the consumers reasonably requests and 09 expects. A business that recklessly disregards a reasonable likelihood that a consumer 10 is under 18 years of age is considered to have actual knowledge of the consumer's age. 11 A parent or guardian with legal custody of a consumer who is at least 13 years of age 12 but under 18 years of age may authorize the sale or disclosure of the consumer's 13 personal information or the use of the consumer's precise geolocation data for any 14 purpose. 15 (e) A business subject to this section may only use the personal information 16 collected from a consumer's request under this section to comply with the request, 17 unless otherwise authorized by the consumer or by law. 18 Sec. 45.49.060. Disclosure or deletion request; process. (a) A business shall 19 respond to a verified consumer request under AS 45.49.020 or 45.49.040 by 20 (1) providing the requested information electronically to the consumer 21 in a portable and, to the extent technically feasible, readily useable format that allows 22 the consumer to transmit the information to another entity without hindrance; 23 (2) if the information provided under (1) of this subsection is not in a 24 human-readable format, providing the requested information to the consumer in a 25 human-readable format; in this paragraph, "human-readable" means a format that is 26 easily readable to the consumer; and 27 (3) at the consumer's request, providing the requested information by 28 mail. 29 (b) A business subject to this chapter shall designate at least two methods for a 30 consumer to submit a request under AS 45.49.020 - 45.49.050, including, at a 31 minimum, a toll-free telephone number and an electronic mail address. If a business
01 maintains an Internet website, the website must include an option to submit requests 02 under AS 45.49.020 - 45.49.050 on a public facing page. A designated method for 03 submitting requests may include a mailing address, electronic mail address, Internet 04 website, Internet web portal, toll-free telephone number, other applicable contact 05 information, or any new, consumer-friendly means of contacting a business as 06 determined by regulation. 07 (c) A person may not charge a consumer a fee for performing a duty required 08 by this chapter. 09 (d) A person may only use the information provided by a consumer in a 10 request made under AS 45.49.020 - 45.49.050 to identify the consumer and comply 11 with the request. 12 (e) In response to a request made under AS 45.49.020 - 45.49.050, a business 13 shall 14 (1) promptly determine whether the request is a verified consumer 15 request as defined in AS 45.49.290; to make a determination under this paragraph, a 16 business 17 (A) may require reasonable authentication considering the 18 nature of the personal information requested; 19 (B) may not require that a consumer create an account with the 20 business; however, if the consumer maintains an account with the business, the 21 business may require the consumer submit the request through the account; 22 (2) identify in writing the personal information subject to a disclosure 23 request; the information disclosed must 24 (A) encompass the 12-month period preceding the request, or 25 another applicable period designated by the consumer; 26 (B) be designated by the most relevant category of personal 27 information as defined in AS 45.49.290; 28 (C) clearly separate information requested under AS 45.49.020 29 and 45.49.040(a)(1) - (3); 30 (3) disclose and deliver the identified information in a verified 31 disclosure request in writing not later than 45 days after receipt of the request;
01 (4) not later than 45 days after receipt of a verified deletion request, 02 comply with AS 45.49.030, and provide confirmation of compliance to the consumer. 03 (f) The time to respond to a disclosure or deletion request under (e)(3) and (4) 04 of this section may be extended once for an additional 45 days when reasonably 05 necessary. If the time to respond is extended, the business must notify the consumer of 06 the extension. 07 (g) A business may disclose or provide confirmation of deletion of 08 information to the consumer by mail, through the consumer's account with the 09 business, or electronically at the consumer's request if the consumer does not have an 10 account with the business. 11 (h) Notwithstanding any other requirement in this section, if a consumer's 12 requests are manifestly unfounded or excessive, in particular because of the requests' 13 repetitive character, a business may either charge a reasonable fee, taking into account 14 the administrative costs of complying with the consumer's request, or refuse to act on 15 the request. The business shall notify the consumer of a decision to charge a fee or to 16 deny a request within the timeline provided under (f) of this section. The notification 17 must completely explain the business's reason for finding the request excessive or 18 unfounded, including all pertinent facts. The business shall bear the burden of proving 19 that a consumer's request is manifestly unfounded or excessive. 20 (i) A business is not required to respond to a disclosure or deletion request 21 under AS 45.49.020 - 45.49.040 if the consumer making the request has made two 22 verified consumer requests in the previous 365 days. 23 (j) A business is not required under this section to retain personal information 24 collected for a single, one-time transaction, if the business does not sell or disclose the 25 information. 26 (k) A business is not required under this section to reidentify or otherwise link 27 any data that, in the ordinary course of business, is not maintained in a manner that 28 would be considered personal information. 29 (l) A business is not required to provide or delete information under this 30 section if the business cannot verify the consumer request as provided under (e) of this 31 section.
01 Sec. 45.49.070. Third-party disclosure of personal information. (a) A third 02 party may not disclose personal information to another person if the personal 03 information was originally collected in violation of AS 45.49.010 or 45.49.050. A 04 third party that reasonably inquires into whether personal information was collected in 05 violation of AS 45.49.010 or 45.49.050, and reasonably concludes that information 06 was not obtained in violation of AS 45.49.010 or 45.49.050 may not be held liable for 07 a violation under this section. 08 (b) A third party may not disclose a consumer's personal information for a 09 business or commercial purpose unless the third party receives written confirmation 10 from the business that originally collected the personal information that the 11 information was collected in compliance with AS 45.49.010 and 45.49.050. 12 Sec. 45.49.080 Service provider obligations. (a) A service provider may not 13 (1) retain, use, or disclose personal information received from a 14 business for any purpose other than to perform the services specified in a written 15 contract with the business; 16 (2) combine personal information received from a business with 17 personal information the service provider receives from other sources, unless 18 otherwise provided in regulations adopted by the attorney general; 19 (3) disclose personal information received from a business to any other 20 person without first 21 (A) receiving written consent of the business to disclose the 22 personal information to the other person; and 23 (B) entering into a written contract with the other person that 24 prohibits the other person from engaging in conduct prohibited under this 25 section. 26 (b) A person who receives personal information from a service provider may 27 not disclose the personal information to any other person. 28 Sec. 45.49.090. Exemptions. (a) This chapter does not apply to 29 (1) protected health information that is collected by a covered entity or 30 business associate governed by the privacy, security, and breach notification rules 31 issued by the United States Department of Health and Human Services in 45 C.F.R.
01 Part 160 and 164, established under the Health Insurance Portability and 02 Accountability Act of 1996 (P.L. 104 - 191) and the Health Information Technology 03 for Economic and Clinical Health Act (P.L. 111 - 5); in this paragraph, "protected 04 health information" has the meaning given in 45 C.F.R. 160.103; 05 (2) a covered entity governed by the privacy, security, and breach 06 notification rules issued by the United States Department of Health and Human 07 Services in 45 C.F.R. Part 160 and 164, established under the Health Insurance 08 Portability and Accountability Act of 1996 (P.L. 104 - 191), to the extent the provider 09 or covered entity maintains patient information in the same manner as medical 10 information or protected health information as described in (1) of this subsection; 11 (3) information collected as part of a clinical trial subject to the Federal 12 Policy for the Protection of Human Subjects, also known as the Common Rule, under 13 good clinical practice guidelines issued by the International Council for 14 Harmonisation of Technical Requirements for Pharmaceuticals for Human Use, or 15 human subject protection requirements of the United States Food and Drug 16 Administration; 17 (4) vehicle or ownership information retained or shared between a new 18 motor vehicle dealer and the motor vehicle manufacturer, if the information is shared 19 for the purpose of or in anticipation of effectuating a vehicle repair covered by a 20 vehicle warranty or recall conducted under 49 U.S.C. 30118 - 30120, provided that the 21 new motor vehicle dealer or vehicle manufacturer does not sell, share, or use the 22 information for any other purpose. 23 (b) Notwithstanding other provisions of this chapter, a person may disclose a 24 consumer's personal information to 25 (1) comply with federal, state, or local law; 26 (2) comply with a civil, criminal, or regulatory inquiry or an 27 investigation, subpoena, or summons by federal, state, or local authorities; 28 (3) cooperate with law enforcement agencies concerning conduct or 29 activity that the person reasonably and in good faith believes may violate federal, 30 state, or local law; 31 (4) exercise or defend legal claims;
01 (5) collect, use, retain, sell, or disclose, deidentified or aggregated 02 consumer information. 03 (c) Notwithstanding other provisions of this chapter, a business may collect or 04 sell a consumer's personal information if the commercial conduct takes place wholly 05 outside the state. For the purpose of this subsection, commercial conduct takes place 06 wholly outside the state if 07 (1) the business collected the information while the consumer was 08 outside the state; this does not include the storage of personal information, including 09 on a personal device, while the consumer is in the state and collection when the 10 consumer and stored information subsequently leave the state; 11 (2) no part of the sale of the consumer's personal information occurred 12 in the state; and 13 (3) no personal information collected while the consumer was in the 14 state was sold. 15 (d) Excluding the right to file an action for a violation of AS 45.49.120, this 16 chapter does not apply to 17 (1) an activity that is subject to 15 U.S.C. 1681 (Fair Credit Reporting 18 Act) that involves the collection, maintenance, disclosure, sale, communication, or use 19 of any personal information bearing on a consumer's credit worthiness, credit 20 standing, credit capacity, character, general reputation, personal characteristics, or 21 mode of living by a consumer reporting agency; a furnisher of information, who 22 provides information for use in a consumer report, or by a user of a consumer report, 23 to the extent the information is used as authorized under 15 U.S.C. 1681 (Fair Credit 24 Reporting Act); 25 (2) personal information collected, processed, sold, or disclosed under 26 15 U.S.C. 6801 - 6827 (Gramm-Leach-Bliley Act) and related regulations or under 18 27 U.S.C. 2721 et seq. (Driver's Privacy Protection Act of 1994) and related regulations. 28 (e) Excluding the requirements of AS 45.49.010(a) and the right to file an 29 action for a violation of AS 45.49.120, information collected by a business is exempt 30 from this chapter until January 1, 2024, if the information 31 (1) is collected through a person's
01 (A) job application to the business; 02 (B) service as an employee, officer, or director of the business; 03 (C) ownership of the business; 04 (D) service as a dentist licensed under AS 08.36, physician 05 licensed under AS 08.64, or a psychologist licensed under AS 08.86; or 06 (E) work as a contractor for the business; and 07 (2) consists only of 08 (A) personal information used solely within the context for 09 which it was collected; 10 (B) emergency contact information used solely for the purpose 11 of having an emergency contact on file; or 12 (C) personal information retained solely to administer benefits. 13 (f) Except for AS 45.49.050 and 45.49.120, personal information contained in 14 written or verbal communication or a transaction between a business and a consumer 15 is exempt from this chapter if 16 (1) the consumer is a natural person acting as an employee, owner, 17 director, officer, or contractor of a company, partnership, sole proprietorship, 18 nonprofit, or government agency; and 19 (2) the communication or transaction occurs solely within the context 20 of the business's exercising due diligence regarding a product or service, or to receive 21 a product or service from or provide a product or service to the company, partnership, 22 sole proprietorship, nonprofit, or government agency. 23 (g) A requirement under this chapter does not apply if 24 (1) compliance with the requirement would violate an evidentiary 25 privilege under state law; 26 (2) the business provides personal information as part of privileged 27 communication to a person covered by an evidentiary privilege; 28 (3) the right or obligation would adversely affect a right of another 29 consumer; 30 (4) the right or obligation would infringe on the noncommercial 31 activity of a person or entity exercising rights under art. I, sec. 5, Constitution of the
01 State of Alaska. 02 (h) If a series of steps or transactions are component parts of a single 03 transaction, intended from the beginning to avoid the reach of this chapter, including a 04 business's disclosure of information to a third party to avoid the definition of "sell" in 05 AS 45.49.290, the steps or transactions may not be considered separate for the 06 purposes of determining compliance with, an exception to, or a violation of this 07 chapter. 08 (i) In this section, 09 (1) "contractor" means a person who is not an employee of a business 10 but provides a service to the business under a written contract; 11 (2) "director" has the meaning given in AS 10.06.990; 12 (3) "motor vehicle manufacturer" means a person that meets the 13 definition of "motor vehicle manufacturer" in AS 21.59.290 or the definition of 14 "manufacturer" in AS 45.25.990; 15 (4) "new motor vehicle dealer" has the meaning given in 16 AS 45.25.990; 17 (5) "officer" means a person appointed or designated as an officer of a 18 corporation by or under applicable law or the corporation's articles of incorporation or 19 bylaws, or a person who performs for the corporation the functions usually performed 20 by an officer of a corporation; 21 (6) "owner" means an individual who 22 (A) owns, directly or indirectly, or has the power to vote more 23 than 50 percent of the outstanding shares of any class of voting security of a 24 business; 25 (B) controls, in any manner, the election of a majority of the 26 directors or of individuals exercising similar functions; or 27 (C) has the power to exercise a controlling influence over the 28 majority of the directors or of individuals exercising similar functions; 29 (7) "ownership information" means the name of each registered owner 30 and accompanying contact information; 31 (8) "vehicle information" means the vehicle identification number; the
01 vehicle's make, model, or year; or the vehicle's odometer reading. 02 Article 2. Activities and Penalties Relating to Personal Information. 03 Sec. 45.49.100. Retaliation prohibited. (a) A business may not retaliate 04 against a consumer in response to a consumer exercising rights under this chapter. 05 Retaliation includes 06 (1) denying goods or services; 07 (2) charging different prices or rates for goods or services, including 08 through the use of discounts or other benefits or imposing penalties; 09 (3) providing a different level or quality of goods or services to a 10 consumer; 11 (4) suggesting that a consumer will receive a different price or rate for 12 goods or services, or a different level or quality of goods or services. 13 (b) Notwithstanding (a) of this section, a business may charge a consumer a 14 different rate or provide a different level or quality of goods or services to a consumer 15 if the difference is reasonably related to the value provided to the business by the 16 consumer's data. 17 (c) A business may offer a consumer a financial incentive for the collection, 18 sale, or retention of personal information, including direct payments to a consumer as 19 compensation. A business may also offer a different price, rate, level, or quality of 20 goods or services to the consumer if the price or difference is directly related to the 21 value provided to the business by the consumer's data. A business that offers a 22 financial incentive under this subsection 23 (1) shall notify consumers of the financial incentives; 24 (2) shall obtain a consumer's consent before entering a consumer into a 25 financial incentive program; to obtain a consumer's consent under this paragraph, the 26 business shall provide the consumer access to a clear description of the material terms 27 of the financial incentive program; the consumer may revoke consent at any time; 28 (3) may not use financial incentive practices that are unjust, 29 unreasonable, coercive, or usurious. 30 Sec. 45.49.110. Transfer of information in a merger or acquisition. A 31 business may transfer a consumer's personal information to a third party as part of a
01 general under this chapter. 02 Article 3. Data Broker Registry. 03 Sec. 45.49.200. Data broker registration. (a) On or before January 31 04 following each year that a business meets the definition of data broker in 05 AS 45.49.290, the business shall register with the commissioner of commerce, 06 community, and economic development in accordance with this section. 07 (b) The data broker shall provide, on a form provided by the commissioner, 08 the following information: 09 (1) the name of the data broker; 10 (2) the data broker's primary physical and mailing addresses; 11 (3) the data broker's electronic mail address; 12 (4) the data broker's primary Internet website address; and 13 (5) the data broker's "Do Not Collect or Sell My Personal Information" 14 Internet website address as required under AS 45.49.010(c) or alternative Internet 15 webpage that meets the requirements of AS 45.49.010(d). 16 (c) The data broker shall pay a registration fee in an amount established by the 17 department in regulation. 18 Sec. 45.49.210. Data broker registry publicly displayed. The commissioner 19 of commerce, community, and economic development shall make the information 20 provided by data brokers available on the department's Internet website. 21 Article 4. Miscellaneous Provisions. 22 Sec. 45.49.250. Regulations. (a) The attorney general, in accordance with 23 AS 44.62 (Administrative Procedure Act), shall adopt regulations that 24 (1) create specific exceptions required to comply with state or federal 25 law; 26 (2) govern the Internet webpage requirement of AS 45.49.010, 27 including 28 (A) the use of a recognizable and uniform mark to identify the 29 opportunity to exercise a right under this chapter; 30 (B) the submission of a consumer request; 31 (C) a business's compliance with a request under AS 45.49.050;
01 (3) update, as necessary, additional categories of personal information 02 required to be disclosed in response to relevant changes in technology, data collection 03 practices, privacy concerns, or obstacles to implementation; 04 (4) update, as necessary, the interpretation of unique identifiers in 05 response to relevant changes in technology, data collection practices, privacy 06 concerns, or obstacles to implementation; 07 (5) update, as necessary, the interpretation of designated methods for 08 submitting requests to facilitate a consumer's ability to obtain information from a 09 business; 10 (6) establish requirements to ensure that notices and information 11 provided under AS 45.49.010 are in plain language, accessible to consumers with 12 disabilities, and available in the language primarily used by the business to interact 13 with the consumer, including with regard to financial incentive offerings; 14 (7) govern the process by which a business verifies a consumer request 15 under AS 45.49.020 - 45.49.060, in a manner intended to minimize the administrative 16 burden on the consumer and taking into account the available technology, security 17 concerns, and the burden on the business; 18 (8) designate the process for a consumer to authorize a representative 19 to exercise the rights provided under this chapter on the consumer's behalf. 20 (b) The attorney general may adopt regulations that 21 (1) establish rules and procedures for processing and complying with a 22 verified consumer request for specific pieces of personal information relating to a 23 household to address obstacles to implementation and privacy concerns; 24 (2) state that service providers may combine personal information for 25 specified purposes; 26 (3) are necessary to further the purpose of this chapter. 27 Sec. 45.49.260. Provisions not waivable. A consumer's waiver of the 28 provisions of this chapter is contrary to public policy and is unenforceable and void. 29 This section does not prevent a consumer from 30 (1) declining to request information from a business; 31 (2) declining to opt out of a business's collection, sale, or disclosure of
01 the consumer's personal information; or 02 (3) authorizing a business to sell the consumer's personal information 03 after previously opting out. 04 Sec. 45.49.270. Liberal construction. The intent of this chapter is remedial 05 and its provisions shall be liberally construed. 06 Article 5. General Provisions. 07 Sec. 45.49.290. Definitions. In this chapter, unless the context indicates 08 otherwise, 09 (1) "aggregated consumer information" means information that relates 10 to a group or category of consumers from which individual consumer identities have 11 been removed, and that is not linked or reasonably linkable, including by a device, to 12 any consumer or household; "aggregated consumer information" does not include one 13 or more individual consumer records that have been deidentified; 14 (2) "business" means a sole proprietorship, partnership, limited 15 liability company, corporation, association, or other legal entity that is organized or 16 operated for the profit or financial benefit of its shareholders or other owners, and 17 collects or has collected consumers' personal information, or on the behalf of which 18 that information is collected, alone or jointly with others, determines the purposes and 19 means of processing consumers' personal information; to meet the definition of 20 "business" in this paragraph, the entity must do business in the state and 21 (A) satisfy one or more of the following thresholds: 22 (i) had annual gross revenues of $25,000,000 or more in 23 the year 2022 or in any year thereafter; 24 (ii) in the most recent completed calendar year, alone or 25 in combination, bought or disclosed the personal information of 26 100,000 or more persons or households; 27 (iii) sold the personal information of a consumer, 28 household, or device in the last 365 days; or 29 (B) control or be controlled by a business that meets a 30 threshold in (A) of this paragraph and share common branding, such as a 31 shared name, service mark, or trademark, with the business; in this
01 subparagraph, control is shown if a business has 02 (i) ownership or the power to vote more than 50 percent 03 of the outstanding shares of any class of voting security of a business; 04 (ii) control, in any manner, of the election of a majority 05 of the directors or of individuals exercising similar functions; or 06 (iii) the power to exercise a controlling influence over 07 the majority of the directors or of individuals exercising similar 08 functions; 09 (3) "business purpose" means a use for an operational or other notified 10 purpose that is either reasonably necessary and proportionate to achieving the 11 operational purpose for which personal information was collected or processed, or in a 12 compatible context; "compatible context" includes 13 (A) auditing related to a current interaction with the consumer 14 and concurrent transactions, including counting ad impressions to unique 15 visitors, verifying positioning and quality of ad impressions, and auditing 16 compliance with this specification and other standards; 17 (B) detecting security incidents, protecting against malicious, 18 deceptive, fraudulent, or illegal activity, and prosecuting those responsible for 19 that activity; 20 (C) debugging to identify and repair errors that impair existing 21 intended functionality; 22 (D) short-term, transient use, provided that the personal 23 information is not disclosed to another third party and is not used to build a 24 profile about a consumer or alter an individual consumer's experience outside 25 the current interaction, including the contextual customization of ads shown as 26 part of the same interaction; 27 (E) performing services on behalf of the business or service 28 provider, including maintaining or servicing accounts, providing customer 29 service, processing or fulfilling orders and transactions, verifying customer 30 information, processing payments, providing financing, providing advertising 31 or marketing services, providing analytic services, or providing similar
01 services on behalf of the business or service provider; 02 (F) conducting internal research for technological development 03 and demonstration; 04 (G) performing activities to verify or maintain the quality or 05 safety of a service or device that is owned, manufactured, manufactured for, or 06 controlled by the business, and to improve, upgrade, or enhance the service or 07 device; 08 (4) "categories of personal information" includes any of the 09 enumerated categories of personal information as defined in this section, any 10 categories of personal information identified by a regulation adopted under this 11 chapter, and any additional categories of personal information not specifically 12 enumerated; 13 (5) "categories of sources" includes the consumer, advertising 14 networks, Internet service providers, data analytics providers, government entities, 15 operating systems and platforms, social networks, data brokers, other sources listed in 16 regulations adopted under this chapter; and other types or groupings of persons or 17 entities from which a business collects personal information about consumers, 18 described with enough particularity to provide consumers with a meaningful 19 understanding of the type of person or entity; 20 (6) "categories of third parties" includes advertising networks, internet 21 service providers, data analytics providers, government entities, operating systems and 22 platforms, social networks, data brokers, other sources listed in regulations adopted 23 under this chapter; and other types or groupings of third parties with whom the 24 business shares personal information, described with enough particularity to provide 25 consumers with a meaningful understanding of the type of third party; 26 (7) "collect" includes buying, renting, gathering, obtaining, receiving, 27 or accessing any personal information pertaining to a consumer by any means, actively 28 or passively receiving information from the consumer, or by observing the consumer's 29 behavior; 30 (8) "commercial purpose" includes marketing, advertising, and any 31 other purpose that advances a person's commercial or economic interests; "commercial
01 purpose" does not include the purpose of engaging in speech that state or federal 02 courts have recognized as noncommercial speech, including political speech and 03 journalism; 04 (9) "consumer" means a resident of the state, however identified, 05 including by any unique identifier, who is physically present in the state with the 06 intent to remain indefinitely in the state under the requirements of AS 01.10.055; 07 (10) "data broker" means a business as defined in (2) of this section 08 that knowingly collects and sells to third parties the personal information of a 09 consumer with whom the business does not have a direct relationship; "data broker" 10 does not include a consumer reporting agency to the extent the agency is covered by 11 15 U.S.C. 1681 et seq. (Fair Credit Reporting Act) or a financial institution to the 12 extent the institution it is covered by the Gramm-Leach-Bliley Act (P.L. 106 - 102) 13 and implementing regulations; 14 (11) "disclose" includes all forms of disclosure, including the 15 disclosure of personal information related to a sale of personal information; 16 (12) "deidentified" means that the information cannot reasonably 17 identify, relate to, describe, be capable of being associate with, or be directly or 18 indirectly linked to an individual consumer, and the business 19 (A) has implemented technical safeguards that prohibit 20 reidentification of the consumer to whom the information may pertain; 21 (B) has implemented business processes that specifically 22 prohibit reidentification of the information; 23 (C) has implemented business processes to prevent inadvertent 24 release of deidentified information; and 25 (D) makes no attempt to reidentify the information; 26 (13) "device" includes a computer and physical object that can 27 (A) read, write, or store information that is represented in 28 numerical form; 29 (B) connect to the Internet, directly or indirectly, or to another 30 device; 31 (14) "homepage" means
01 (A) the introductory page of an Internet website where personal 02 information is collected; 03 (B) in the case of a mobile application, "homepage" means the 04 application's platform page or download page, a link within the application, 05 and any other location that allows consumers to review the notice required by 06 AS 45.49.010; 07 (15) "Internet webpage" means a document accessible through the 08 Internet with a unique universal resource locator (URL) code; 09 (16) "person" means a natural person, proprietorship, corporation, 10 company, partnership, firm, association, and any other non-governmental organization 11 or group of persons acting in concert; 12 (17) "personal information" 13 (A) means information that identifies, relates to, describes, is 14 reasonably capable of being associated with, or could reasonably be linked, 15 directly or indirectly, with a particular consumer or household; in this 16 subparagraph, "information that identifies" includes 17 (i) a real name, alias, postal address, unique personal 18 identifier, online identifier, Internet protocol address, electronic mail 19 address, account name, social security number, driver's license number, 20 or passport number; 21 (ii) characteristics of protected classifications under 22 state or federal law; 23 (iii) any category of personal information as defined in 24 AS 45.48.090; 25 (iv) commercial information, including records of 26 personal property, products or services purchased, obtained, or 27 considered, or other purchasing or consuming histories or tendencies; 28 (v) biometric information, which includes an 29 individual's physiological, biological, or behavioral characteristics; 30 deoxyribonucleic acid, that can be used, singly or in combination with 31 other identifying data, to establish individual identity; imagery of the
01 retina, fingerprints, face, vein patterns, or voice recordings that can be 02 used as an identifier template; keystroke patterns or rhythms; or sleep, 03 health, or exercise data; 04 (vi) Internet or other electronic network activity 05 information, including browsing history, search history, and 06 information regarding a consumer's interaction with an Internet 07 website, application, or advertisement; 08 (vii) geolocation data, including precise geolocation 09 data; 10 (viii) audio, electronic, visual, thermal, olfactory, or 11 similar information; 12 (ix) professional or employment information; 13 (x) education information that is not publicly available, 14 personally identifiable information as defined in 20 U.S.C. 1232g; 34 15 C.F.R. Part 99 (Family Educational Rights and Privacy Act); 16 (xi) inferences drawn from any of the information 17 identified in this subparagraph to create a profile about a consumer 18 reflecting the consumer's preferences, characteristics, psychological 19 trends, predispositions, behavior, attitudes, intelligence, abilities, and 20 aptitudes; 21 (B) does not include publicly available information that is 22 lawfully made available from federal, state, or local government records; 23 biometric information as described in (A) of this paragraph, collected by a 24 business without a consumer's knowledge is not considered publicly available 25 information; 26 (C) does not include consumer information that is deidentified 27 or aggregated; 28 (18) "processing" means any operation or set of operations performed 29 on personal data or on sets of personal data, whether or not by automated means; 30 (19) "precise geolocation data" means any data that is derived from a 31 device that is used or intended to be used to locate a consumer within a geographic
01 area that is equal to or less than the area of a circle with a radius of 1,850 feet, except 02 as otherwise provided in regulations adopted under this chapter; 03 (20) "research" means scientific, systematic study and observation that 04 is in the public interest and that adheres to all other applicable ethics and privacy laws 05 or studies conducted in the public interest and is 06 (A) compatible with the business purpose for which the 07 personal information was collected; 08 (B) subsequently pseudonymized and deidentified, or 09 deidentified and in the aggregate, such that the information cannot reasonably 10 identify, relate to, describe, be capable of being associated with, or be linked, 11 directly or indirectly, to a particular consumer; personal information is 12 considered pseudonymized if the information is processed so that it is no 13 longer attributable to a specific consumer without the use of additional 14 information, and the additional information is kept separately and is subject to 15 technical and organizational measures to ensure that the personal information 16 is not attributed to an identified or identifiable consumer; 17 (C) subject to technical safeguards that prohibit reidentification 18 of the consumer to whom the information may pertain; 19 (D) subject to business processes that specifically prohibit 20 reidentification of the information; 21 (E) subject to business processes to prevent inadvertent release 22 of deidentified information; 23 (F) protected from any reidentification attempts; 24 (G) used solely for research purposes that are compatible with 25 the context in which the personal information was collected; 26 (H) not used for a commercial purpose; and 27 (I) subjected by the business conducting the research to 28 additional security controls that limit access to the research data to individuals 29 in the business as necessary to carry out the research purpose; 30 (21) "sale," "sell," or "sold" means selling, renting, releasing, 31 disclosing, disseminating, making available, transferring, or otherwise communicating
01 orally, in writing, or by electronic or other means, a consumer's personal information 02 by the business to another business or a third party for monetary or other valuable 03 consideration; "sale," "sell," or "sold" does not include 04 (A) a consumer using or directing a business to intentionally 05 disclose personal information or using the business to intentionally interact 06 with a third party, provided the third party does not also sell the personal 07 information, unless that disclosure would be consistent with the provisions of 08 this title; a consumer is not acting intentionally when hovering over, muting, 09 pausing, or closing a given piece or content; 10 (B) a business's using or sharing an identifier for a consumer 11 who has opted out of the sale of the consumer's personal information for the 12 purpose of alerting third parties that the consumer has opted out; 13 (C) a business's using or sharing with a service provider a 14 consumer's personal information that is necessary to perform a business 15 purpose if 16 (i) the business has provided notice of the information 17 being used or shared in its terms and conditions consistent with 18 AS 45.49.010; and 19 (ii) the service provider does not further collect, sell, or 20 use the consumer's personal information, except as necessary to 21 perform the business purpose; 22 (D) a business transferring a consumer's personal information 23 as an asset in a merger, acquisition, bankruptcy, or other transaction in which 24 the third party assumes control of all or part of the business, provided that 25 information is used or shared consistent with AS 45.49.020 and 45.49.040; 26 (22) "service provider" means a person that receives personal 27 information from a business to be used solely for a business purpose, under a written 28 contract that requires the service provider comply with AS 45.49.080; 29 (23) "third party" means any person, except 30 (A) the business that collected the personal information from 31 the consumer; and
01 (B) a service provider contracting with the business that 02 collected the personal information from the consumer; 03 (24) "unique identifier" or "unique personal identifier" includes a 04 device identifier; an Internet protocol address; cookies, beacons, pixel tags, mobile ad 05 identifiers, or similar technology; customer number, unique pseudonym, or user alias; 06 telephone numbers, or other forms of persistent or probabilistic identifiers that can be 07 used to identify a particular consumer or device; or other persistent identifier that can 08 be used to recognize a consumer, a household, or a device that is linked to a consumer 09 or household, over time and across different services; in this paragraph, "probabilistic 10 identifier" means the identification of a consumer or a device to a degree of certainty 11 of more probable than not based on any categories of personal information included 12 in, or similar to, the categories of personal information as defined in this section; 13 (25) "verified consumer request" means a request that is made by a 14 consumer, by a parent or legal guardian with legal custody of the consumer, or by a 15 natural person or a person registered with the United States Secretary of State, 16 authorized by the consumer to act on the consumer's behalf, and that the business can 17 reasonably verify, in accordance with regulations adopted under this chapter, to be the 18 consumer about whom the business has collected personal information. 19 Sec. 45.49.295. Short title. This chapter may be cited as the Consumer Data 20 Privacy Act. 21 * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 22 (58) violating AS 45.49 (Consumer Data Privacy Act). 23 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: REGULATIONS. The Department of Law and the Department of 26 Commerce, Community, and Economic Development may adopt regulations necessary to 27 implement the changes made by this Act. The regulations take effect under AS 44.62 28 (Administrative Procedure Act), but not before the effective date of the law implemented by 29 the regulation. 30 * Sec. 5. Section 4 of this Act takes effect immediately under AS 01.10.070(c). 31 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 2023.