Alaska: Consumer Data Privacy Act reintroduced in State Senate
OneTrust DataGuidance confirmed, on 14 January 2022, with the Alaska State Legislature, that Senate Bill ('SB') 116 for the Alaska Consumer Data Privacy Act 2021 has been reintroduced in the State Senate after it failed to progress in 2021. In particular, SB 116 would apply to businesses that conduct business in the State of Alaska, requiring the businesses to, among others:
- notify consumers before collecting their personal information;
- maintain and update, at least every 12 months, their online privacy notices; and
- include on their websites a 'Do Not Collect or Sell My Personal Information' link to enable consumers to exercise their rights.
In addition, SB 116 would create new obligations for service providers such as using, retaining, or disclosing personal information only in line with the purposes stipulated in a written contract with the business, not to combine personal data from businesses with personal information received from other sources, and not to disclose personal information received from a business without consent.
Furthermore, SB 116 would provide for the introduction of data subject rights such as the right to access, deletion, opt-out, and rectification, and that on or before 31 January of each year, any business that meets the definition of a data broker is required to register with the commissioner of commerce, community, and economic development.
Moreover, SB 116 would provide that any violations of the Act would be considered as an unfair or deceptive act or practice, and the Alaska State Attorney General would be entitled to bring a civil claim against the business in violation. Finally, SB 116 is a companion bill to House Bill 159 reintroduced to the House of Representatives and due to be considered on 21 January 2022.