Legislature(2021 - 2022)

2021-03-31 House Journal

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2021-03-31                     House Journal                      Page 0491
HB 159                                                                                                                        
HOUSE BILL NO. 159 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
     "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."                                                                                      
was read the first time and referred to the Labor & Commerce,                                                                   
Judiciary, and Finance Committees.                                                                                              
The following fiscal note(s) apply:                                                                                             
1.  Fiscal, Dept. of Commerce, Community, Economic Development                                                                  
2.  Fiscal, Dept. of Law                                                                                                        
The Governor's transmittal letter dated March 30 follows:                                                                       
"Dear Speaker Stutes:                                                                                                           
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill significantly strengthening the                                                          
privacy of Alaskans’ personal information.                                                                                      

2021-03-31                     House Journal                      Page 0492
The Consumer Data Privacy Act creates a new set of consumer                                                                     
privacy rights to protect personal and sensitive information. The bill                                                          
provides Alaskans with the right to know when businesses are                                                                    
collecting personal information, what information is being collected,                                                           
the right to request collected personal information be deleted, and the                                                         
right to prevent businesses from selling their personal information.                                                            
In 2018, it was disclosed that Facebook has shared access to users’                                                             
data with other tech firms, including Amazon, Apple, Microsoft,                                                                 
Netflix, and Spotify. Examples given by the New York Times include                                                              
allowing others’ products the ability to read users’ private messages                                                           
and to see the names, contact details, and activities of their friends.                                                         
These revelations follow a series of scandals including the Cambridge                                                           
Analytica data harvest, evidence of meddling in U.S. affairs, and                                                               
several data-exposing bugs. Facebook maintained they are not selling                                                            
user data, but we must challenge that claim and ensure consumers can                                                            
determine what is done with their personal data.                                                                                
Article I, Section 22, of the Alaska Constitution provides one of the                                                           
strongest individual rights to privacy in the nation. While technology                                                          
continues to bring convenience and utility to our lives, those benefits                                                         
can come at the expense of our personal privacy. The Consumer Data                                                              
Privacy Act will help ensure Alaskans determine how their personal                                                              
data is used in today’s marketplace.                                                                                            
The bill generally applies to businesses with gross revenues of                                                                 
$25,000,000 or more, those that bought or disclosed personal                                                                    
information of 100,000 or more persons or households, or that sold the                                                          
personal information of a consumer, household, or device in the last                                                            
year. The bill prevents businesses from disclosing the personal                                                                 
information of minors under the age of 13 to a third party and from                                                             
disclosing or selling the personal information of a minor older than 13                                                         
without the consent of a parent or guardian.                                                                                    
In addition, the bill requires data brokers to register with the                                                                
Department of Commerce, Community, and Economic Development                                                                     
and to provide consumers a clear online link by which they can                                                                  
exercise their rights under this act.                                                                                           
I urge your prompt and favorable action on this measure.                                                                        

2021-03-31                     House Journal                      Page 0493
Mike Dunleavy