Section 45.48.080. Violations.

   (a) If an information collector who is a governmental agency violates AS 45.48.010 - 45.48.090 with regard to the personal information of a state resident, the information collector
        (1) is liable to the state for a civil penalty of up to $500 for each state resident who was not notified under AS 45.48.010 - 45.48.090, but the total civil penalty may not exceed $50,000; and
        (2) may be enjoined from further violations.
   (b) If an information collector who is not a governmental agency violates AS 45.48.010 - 45.48.090 with regard to the personal information of a state resident, the violation is an unfair or deceptive act or practice under AS 45.50.471 - 45.50.561. However,
        (1) the information collector is not subject to the civil penalties imposed under AS 45.50.551 but is liable to the state for a civil penalty of up to $500 for each state resident who was not notified under AS 45.48.010 - 45.48.090, except that the total civil penalty may not exceed $50,000; and
        (2) damages that may be awarded against the information collector under
             (A) AS 45.50.531 are limited to actual economic damages that do not exceed $500; and
             (B) AS 45.50.537 are limited to actual economic damages.
   (c) The Department of Administration may enforce (a) of this section against a governmental agency. The procedure for review of an order or action of the department under this subsection is the same as the procedure provided by AS 44.62 (Administrative Procedure Act), except that the office of administrative hearings (AS 44.64.010) shall conduct the hearings in contested cases and the decision may be appealed under AS 44.64.030(c).

Authorities

44.64.030

Notes

References

AS 44.64.030 Jurisdiction of the office.

History

(Sec. 4 ch 92 SLA 2008)