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Can I collect personal information from participants in Alaska? What are the requirements?
Collecting Personal Information from Participants in Alaska
Yes, you may collect personal information from participants in Alaska, but you must comply with certain requirements.
According to AKST 40.25.300, 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:
- The name and address of the agency;
- The citation of the statute or regulation that authorizes the agency to request the information;
- A statement indicating whether the person is required to supply the information;
- The consequences to the person, if any, of not providing all or part of the requested information;
- 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;
- The fact that the information may be subject to inspection and copying under AS 40.25.110 — 40.25.120; and
- 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.
Therefore, you must provide participants with a written notice that includes the above information when requesting personal information. You must also ensure that all personal information collected is kept confidential, as per AAC 98.520 and AKST 40.25.300.
Additionally, according to 8 AKAC 98.550, the Division of Vocational Rehabilitation may release personal information without the consent of the client for purposes directly related to the administration of the vocational rehabilitation program, including release to any federal or state official who has legal authority to audit or review activities of the division, release to an evaluation or research project, release to the Social Security Administration for the purpose of making eligibility determinations, release to medical personnel in the event of a medical emergency, release to protect the client or others if the division determines that the client is a threat to himself or others, release to settle complaints or other actions taken by the client against the division or its staff, and release for referral purposes if the division determines that release is otherwise necessary for the administration of the vocational rehabilitation program.
When information is released under this section for an evaluation or research project, it may be released only if the person conducting the project agrees to certain conditions, as outlined in 8 AKAC 98.550(b).
Please note that there may be additional requirements and regulations that apply to your specific situation. It is recommended that you consult with a legal professional to ensure compliance with all applicable laws and regulations.
Source(s):
- [2.1] Notice regarding personal information.
- [3.3] Release of information without client consent.
- [2.2] Definitions.
Jurisdiction
Alaska