Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I ignore consumer requests for information or deletion in Alaska? What are the requirements?

Here is your answer to the query based on the context you provided:

Consumer Requests for Information or Deletion in Alaska

Alaska law requires public agencies to provide access to public records and to delete nondisclosable information [1.1][2.1]. A request for a public record may be denied only if the record is not known to exist after the public agency makes a diligent search for it, the record is not in the public agency’s possession, and after a diligent search the public agency does not know where the record is to be found, the record has been destroyed in accordance with an applicable record-retention schedule, nondisclosure of the record is authorized by a federal law or regulation, or by state law [2.2].

If a record contains both disclosable and nondisclosable information, the nondisclosable information must be segregated and withheld, and the disclosable information must be disclosed. If the disclosable portions of a record cannot reasonably be segregated from the nondisclosable portions in a manner that allows information meaningful to the requester to be disclosed, the public agency may not disclose the record [2.1].

If an electronic file or database contains both nondisclosable and disclosable records, a public agency must delete or mask the nondisclosable information before releasing the requested record, or write a program to extract the requested disclosable public records from the electronic file or database [2.1].

A request for a public record that complies with Alaska law may be denied only for specific legal grounds [2.2]. A denial of a written request must be in writing, must state the reasons for the denial, including any specific legal grounds for the denial, and must be dated and signed by the person issuing the denial. If a request is denied by a public agency employee to whom denial authority has been delegated, the notice of denial must reflect this delegation. A copy of 2 AAC 96.335 - 2 AAC 96.350 must be enclosed with the denial [2.2].

A denial of a written request, in whole or in part, must state that the requester may administratively appeal the denial by complying with the procedures in 2 AAC 96.340, the requester may obtain immediate judicial review of the denial by seeking an injunction from the superior court under AS 40.25.125, an election not to pursue injunctive remedies in superior court shall have no adverse effects on the rights of the requester before the public agency, and an administrative appeal from a denial of a request for public records requires no appeal bond [2.2].

Conclusion

In Alaska, public agencies must provide access to public records and delete nondisclosable information. A request for a public record may be denied only for specific legal grounds, and a denial of a written request must be in writing, must state the reasons for the denial, and must be dated and signed by the person issuing the denial. If a request is denied, the requester may administratively appeal the denial or obtain immediate judicial review of the denial.

Source(s):
Jurisdiction

Alaska