Section 40.25.300. Notice regarding personal information.

   (a) When a state agency requests personal information that may be included in a public record directly from the person who is the subject of the information, the agency shall give the person a written notice at the time of the request that states
        (1) the name and address of the agency;
        (2) the citation of the statute or regulation that authorizes the agency to request the information;
        (3) a statement indicating whether the person is required to supply the information;
        (4) the consequences to the person, if any, of not providing all or part of the requested information;
        (5) a statement of the agency's anticipated uses of the information, including the agency's internal uses of the information and disclosure of the information to other state agencies;
        (6) the fact that the information may be subject to inspection and copying under AS 40.25.110 - 40.25.120; and
        (7) a statement summarizing how a person may challenge under AS 40.25.310 the accuracy or completeness of personal information maintained by a state agency.
   (b) An agency may provide the written notice required under (a) of this section by
        (1) placing the notice on the form used to request the information from the person;
        (2) giving the person the notice on a separate sheet that accompanies the form used to request the information from the person;
        (3) giving the person a statement in a pamphlet, booklet, manual, or other printed matter at the time the information on the person is requested; or
        (4) prominently posting a sign containing the notice in a prominent location so that the sign can be easily observed and read by the person at the time the information is requested.
   (c) This section does not apply to a request for information on a person if
        (1) the request is made by a peace officer; in this paragraph, "peace officer" has the meaning given in AS 01.10.060;
        (2) the person is the agency's employee;
        (3) the information is related to litigation;
        (4) the information is being collected by a public agency when investigating a possible violation of law; or
        (5) the information is not subject to inspection and copying under AS 40.25.110 - 40.25.120, even if the information is eventually subject to inspection and copying under AS 18.50.310(f).

Authorities

28.10.505;40.25.350;44.99.300

Notes

References

AS 28.10.505 Disclosure of personal information contained in motor vehicle records.
AS 40.25.350 Definitions.
AS 44.99.300

History

(Sec. 15 ch 200 SLA 1990)