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Alaska: Personal Information Use and Privacy Act introduced in House of Representatives

House Bill ('HB') 222 for an Act on Personal Information Use and Privacy was introduced, on 7 January 2022, in the House of Representatives. In particular, HB 222 would apply to businesses conducting business in Alaska, which meet the following criteria:

  • as of 1 January of the applicable calendar year, had annual gross revenue in excess of $25,000,000 in the preceding calendar year;
  • by itself, or jointly with other persons, annually buys, sells, or shares the personal information of 100,000 or more consumers or households; and
  • derives 50 percent or more of its annual revenue from selling or sharing personal information about consumers.

Specifically, HB 222 would require such businesses to, among other things:

  • notify consumers of any breach of security of information systems containing personal information; and
  • provide information to consumers on the type of data that the business will collect, the purposes of such collection, and the period of retention of the personal information collected.

In addition, HB 222 would provide for data subject rights such as the right to deletion, correction, disclosure, limit the use of sensitive personal information, and the right not to sell or share consumers personal information. Moreover, HB 222 would require that, before a business sells the personal information of a consumer to a third party or discloses the information to a service provider or a contractor, the business enters into an agreement with the third party, service provider, or contractor.

Furthermore, HB 222 would provide that following any violation, the business, service provider, or contractor would be liable to the State of Alaska, and such violations would attract a civil penalty of $2,500 for each violation, and any violation affecting the personal information of a consumer under the age of 16 years would attract a civil penalty of $7,500 per violation.

You can read HB 222 here and track its progress here.

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