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Can I collect third-party data from participants in Alaska? What are the requirements?

Collecting Third-Party Data in Alaska

Alaska has regulations regarding the collection of third-party data, including data from vital records. According to AKST 18.50.320, the bureau and the custodian of permanent local records may issue a certified copy of a certificate or record in their custody, or a part of it, upon request. However, a person or agency may not prepare or issue a certificate or part of a certificate that purports to be an original, certified copy, or copy of a certificate of birth, death, fetal death, or marriage, except as authorized in this chapter or the regulations adopted under it. Additionally, AKST 40.25.120 states that records of vital statistics and adoption proceedings are exceptions to the right to inspect public records in the state.

To collect third-party data in Alaska, you must ensure that you are authorized to do so under the regulations adopted under AKST 18.50.320 and that the data you are collecting is not considered a vital statistic or adoption record. If you are collecting data for statistical purposes, you may be able to obtain copies or data from the National Office of Vital Statistics or other public or private agencies, subject to the terms and conditions prescribed by the bureau under AKST 18.50.320.

Requirements for Collecting Third-Party Data in Alaska

To collect third-party data in Alaska, you must follow the regulations adopted under AKST 18.50.320. These regulations require that you obtain authorization to prepare or issue a certificate or part of a certificate that purports to be an original, certified copy, or copy of a certificate of birth, death, fetal death, or marriage. Additionally, you must ensure that the data you are collecting is not considered a vital statistic or adoption record, as these records are exceptions to the right to inspect public records in the state under AKST 40.25.120.

If you are collecting data for statistical purposes, you may be able to obtain copies or data from the National Office of Vital Statistics or other public or private agencies, subject to the terms and conditions prescribed by the bureau under AKST 18.50.320.

Confidentiality of Data

Geological, geophysical, and engineering data, including well and borehole data, and interpretations of those data, will be kept confidential at the written request of the person supplying the information. Cost data and financial information submitted in support of applications, bonds, leases, and similar items will be kept confidential at the written request of the person supplying the information except as provided in AS 38.05.036 [2.1].

Public Information Principles

It is the policy of the executive branch of government to disclose public records and to provide copies of those records in an expeditious manner. Disclosing public records and making copies of them upon payment of the required fees, if any, is a public agency obligation. To ensure that public information is widely available to the public, public agencies are to comply with AS 40.25.115 (e) regarding submission of information to the Alaska State Library about (1) public information that a public agency collects, compiles, or publishes, including information regarding databases used by the agency to maintain public records; and (2) information about the electronic services and products routinely provided to the public, the public agency shall provide information to the Alaska State Library when electronic services and products are made available to the public and when electronic services or products of that public agency are substantially modified [3.1].

Access to Records

Subject to the provisions of AS 40.25.110 - 40.25.220, a public record maintained by a public agency is available for inspection and copying in the format in which that agency maintains or disseminates the record. A public agency shall duplicate and provide copies of a public record upon request and upon payment of the applicable fee as described by this chapter. A public agency is not required to compile or summarize its public records in response to a request for public records. A public agency is not required to manipulate its data to create new records in response to a request for public records. A public agency may manipulate its data to create electronic services and products if (1) the public agency can do so without impairing its functioning; (2) the data is protected from intentional or accidental modification or destruction; and (3) the requester pays for the cost of developing the requested electronic service or product, based on fees established by the public agency under 2 AAC 96.460. When providing public records or electronic services or products, a public agency shall ensure that access to confidential information and proprietary software is protected. Except as provided by law, if the request is for a public record that contains confidential information, the public agency shall delete or mask the nondisclosable confidential information and provide the requested public records upon payment of the applicable fee as described in 2 AAC 96.360 [3.2].

Supervision and Regulation

The Department of Administration shall supervise and adopt regulations for the operation and implementation of AS 40.25.110 — 40.25.140 by public agencies in the executive branch, except the Alaska Railroad Corporation. The legislative council shall supervise and adopt procedures for the operation and implementation of AS 40.25.110 — 40.25.140 by public agencies in the legislative branch. The administrative director of the Alaska Court System shall supervise and adopt procedures for the operation and implementation of AS 40.25.110 — 40.25.140 by public agencies in the judicial branch. The Board of Regents of the University of Alaska shall supervise and adopt procedures for the operation and implementation of AS 40.25.110 — 40.25.140 by the University of Alaska. The regulations and procedures adopted under this section must include the establishment of procedures for making an administrative appeal of public agency action that is taken under AS 40.25.110 — 40.25.140 [4.2].

Application and Award Process

For a grant to be awarded under 3 AAC 195.040 (d) or (e) on a competitive basis, the department will evaluate each eligible application according to the extent to which each community demonstrates need based on one or more of the following criteria related to erosion, flooding, storm surge, thawing permafrost, wildfires, or other climate-change related impacts: (1) risk to life or safety during storm or flood events; (2) loss of critical infrastructure; (3) threats to public health; (4) loss of 10 percent or more of residential dwellings [5.1].

Conclusion

To collect third-party data in Alaska, you must ensure that you are authorized to do so under the regulations adopted under AKST 18.50.320 and that the data you are collecting is not considered a vital statistic or adoption record. If you are collecting data for statistical purposes, you may be able to obtain copies or data from the National Office of Vital Statistics or other public or private agencies, subject to the terms and conditions prescribed by the bureau under AKST 18.50.320. Additionally, geological, geophysical, and engineering data, including well and borehole data, and interpretations of those data, will be kept confidential at the written request of the person supplying the information. Cost data and financial information submitted in support of applications, bonds, leases, and similar items will be kept confidential at the written request of the person supplying the information except as provided in AS 38.05.036.

Source(s):
Jurisdiction

Alaska