Section 40.25.120. Public records; exceptions; certified copies.

   (a) Every person has a right to inspect a public record in the state, including public records in recorders' offices, except
        (1) records of vital statistics and adoption proceedings, which shall be treated in the manner required by AS 18.50;
        (2) records pertaining to juveniles unless disclosure is authorized by law;
        (3) medical and related public health records;
        (4) records required to be kept confidential by a federal law or regulation or by state law;
        (5) to the extent the records are required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure or retain federal assistance;
        (6) records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information
             (A) could reasonably be expected to interfere with enforcement proceedings;
             (B) would deprive a person of a right to a fair trial or an impartial adjudication;
             (C) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;
             (D) could reasonably be expected to disclose the identity of a confidential source;
             (E) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
             (F) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or
             (G) could reasonably be expected to endanger the life or physical safety of an individual;
        (7) names, addresses, and other information identifying a person as a participant in the Alaska Higher Education Savings Trust under AS 14.40.802 or the advance college tuition savings program under AS 14.40.803 - 14.40.817;
        (8) public records containing information that would disclose or might lead to the disclosure of a component in the process used to execute or adopt an electronic signature if the disclosure would or might cause the electronic signature to cease being under the sole control of the person using it;
        (9) reports submitted under AS 05.25.030 concerning certain collisions, accidents, or other casualties involving boats;
        (10) records or information pertaining to a plan, program, or procedures for establishing, maintaining, or restoring security in the state, or to a detailed description or evaluation of systems, facilities, or infrastructure in the state, but only to the extent that the production of the records or information
             (A) could reasonably be expected to interfere with the implementation or enforcement of the security plan, program, or procedures;
             (B) would disclose confidential guidelines for investigations or enforcement and the disclosure could reasonably be expected to risk circumvention of the law; or
             (C) could reasonably be expected to endanger the life or physical safety of an individual or to present a real and substantial risk to the public health and welfare;
        (11) the written notification regarding a proposed regulation provided under AS 24.20.105 to the Department of Law and the affected state agency and communications between the Legislative Affairs Agency, the Department of Law, and the affected state agency under AS 24.20.105;
        (12) records that are
             (A) proprietary, privileged, or a trade secret in accordance with AS 43.90.150 or 43.90.220(e);
             (B) applications that are received under AS 43.90 until notice is published under AS 43.90.160;
        (13) information of the Alaska Gasline Development Corporation created under AS 31.25.010 or a subsidiary of the Alaska Gasline Development Corporation that is confidential by law or under a valid confidentiality agreement;
        (14) information under AS 38.05.020(b)(11) that is subject to a confidentiality agreement under AS 38.05.020(b)(12).
        (15) records relating to proceedings under AS 09.58 (Alaska Medical Assistance False Claim and Reporting Act).
        (16) names, addresses, and other information identifying a person as a participant in the Alaska savings program for eligible individuals under AS 06.65.
   (b) Every public officer having the custody of records not included in the exceptions shall permit the inspection, and give on demand and on payment of the fees under AS 40.25.110 - 40.25.115 a certified copy of the record, and the copy shall in all cases be evidence of the original.
   (c) Recorders shall permit memoranda, transcripts, and copies of the public records in their offices to be made by photography or otherwise for the purpose of examining titles to real estate described in the public records, making abstracts of title or guaranteeing or insuring the titles of the real estate, or building and maintaining title and abstract plants, subject to reasonable rules and regulations as are necessary for the protection of the records and to prevent interference with the regular discharge of the duties of the recorders and their employees.

Authorities

18.50.310;18.65.630;37.14.425;40.21.030

Notes

Recent Bills that will modify this

HB 188 PERSON W/DISABILITY SAVINGS ACCOUNTS
HB 194 AK SECURITIES ACT; PENALTIES; CRT. RULES
HB 229 REPEAL ADMIN. REG. REVIEW COMMITTEE
SB 74 MEDICAID REFORM;TELEMEDICINE;DRUG DATABAS
SB 104 PERSON W/DISABILITY SAVINGS ACCOUNTS
SB 108 AK SECURITIES ACT; PENALTIES; CRT. RULES

Implemented As

11 AAC 26.080
11 AAC 53.010
11 AAC 53.020
11 AAC 53.030
11 AAC 53.040
11 AAC 53.050
13 AAC 68.005
18 AAC 75.910
18 AAC 78.529
2 AAC 05.260
2 AAC 50.801
2 AAC 92.200
2 AAC 96.100
2 AAC 96.110
2 AAC 96.200
2 AAC 96.210
2 AAC 96.220
2 AAC 96.230
2 AAC 96.240
2 AAC 96.300
2 AAC 96.305
2 AAC 96.310
2 AAC 96.315
2 AAC 96.320
2 AAC 96.325
2 AAC 96.335
2 AAC 96.340
2 AAC 96.345
2 AAC 96.350
2 AAC 96.355
2 AAC 96.360
2 AAC 96.370
2 AAC 96.400
2 AAC 96.410
2 AAC 96.430
2 AAC 96.440
2 AAC 96.450
2 AAC 96.460
2 AAC 96.900
20 AAC 17.910
3 AAC 107.630
3 AAC 16.080
3 AAC 170.140
3 AAC 41.090
3 AAC 48.040
3 AAC 75.075
3 AAC 78.090
3 AAC 79.090
3 AAC 80.090
3 AAC 80.265
3 AAC 80.380
3 AAC 80.480
3 AAC 81.090
3 AAC 82.090
3 AAC 83.090
3 AAC 86.090
3 AAC 87.090
5 AAC 93.040
7 AAC 54.050
7 AAC 54.060
7 AAC 54.300
7 AAC 54.310
7 AAC 54.320

References

11 AAC 53.050
15 AAC 112.770
15 AAC 137.610
18 AAC 75.910
3 AAC 107.630
3 AAC 107.770
7 AAC 166.040
7 AAC 27.890
7 AAC 78.220
7 AAC 81.120
7 AAC 85.200
AS 18.50.310 Disclosure of records.
AS 18.65.630 Medical and dental records of missing persons.
AS 37.14.425 Public records.
AS 40.21.030 Duties of the state archivist.

History

(Sec. 3.23 ch 101 SLA 1962; am Sec. 5 ch 200 SLA 1990; am Sec. 1 ch 113 SLA 1994; am Sec. 1 ch 102 SLA 1997; am Sec. 2 ch 65 SLA 1998; am Sec. 1 ch 3 SLA 2000; am Sec. 24 ch 28 SLA 2000; am Sec. 1 ch 36 SLA 2002; am Sec. 4 ch 164 SLA 2004; am Sec. 5 ch 22 SLA 2007; am Sec. 2 ch 76 SLA 2008; am Sec. 16 ch 11 SLA 2013; am Sec. 39 ch 14 SLA 2014; am Sec. 37 ch 25 SLA 2016; am Sec. 4 ch 56 SLA 2016)