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Alaska Statutes Title 21. Insurance § 21.23.399. Definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

In AS 21.23.240--21.23.399,

(1) “consumer” means an individual who is a resident of the state and whose nonpublic information is in a licensee's possession or control;

(2) “cybersecurity event”

(A) means an event resulting in unauthorized access to or disruption or misuse of an information system or information stored on the information system;

(B) does not include

(i) the unauthorized acquisition of encrypted nonpublic information if the encryption's process or key is not also acquired, released, or used without authorization; or

(ii) an event in which the licensee has determined that nonpublic information accessed by an unauthorized person has not been used or released and has been returned or destroyed;

(3) “encrypt” means transforming of data into a form that results in a low probability of assigning meaning without the use of a protective process or key;

(4) “information security program” means the administrative, technical, and physical safeguards that a licensee uses to access, collect, distribute, process, protect, store, use, transmit, dispose of, or otherwise handle nonpublic information;

(5) “information system” means

(A) a discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of electronic information; or

(B) a specialized system that may include an industrial or process control system, a telephone switching and private branch exchange system, or an environmental control system;

(6) “licensee”

(A) means a person licensed, authorized to operate, or registered, or required to be licensed, authorized, or registered, under this title;

(B) does not include a purchasing group or a risk retention group chartered and licensed in a state other than this state or a licensee that is acting as an assuming insurer that is domiciled in another state or jurisdiction;

(7) “nonpublic information” means electronic information that is not publicly available information and that is

(A) business-related information of a licensee, the tampering with which, or unauthorized disclosure, access, or use of which, would cause a material adverse effect to the business, operations, or security of the licensee;

(B) information concerning a consumer that, because of a name, number, personal mark, or other identifier, can be used to identify the consumer in combination with one or more of the following data elements:

(i) a social security number;

(ii) a driver's license number or identification card number;

(iii) a financial account, credit card, or debit card number;

(iv) a security code, access code, or password that would permit access to a consumer's financial account; or

(v) a biometric record; or

(C) information or data, except age or gender, in any form created by or derived from a health care provider or a consumer that can be used to identify a particular consumer and relates to

(i) the past, present, or future physical, mental, or behavioral health or condition of a consumer or a member of the consumer's family;

(ii) the provision of health care to a consumer; or

(iii) payment for the provision of health care to a consumer;

(8) “person” means an individual or a nongovernmental entity;

(9) “publicly available information” means information that a licensee has determined is made available to the general public from

(A) a federal, state, or local government record;

(B) a widely distributed media; or

(C) a disclosure to the general public that is required under federal, state, or local law;

(10) “third-party service provider” means a person that is not a licensee that, through a contract with a licensee, is permitted access to and maintains, processes, or stores nonpublic information through its provision of services to the licensee.

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Cite this article: FindLaw.com - Alaska Statutes Title 21. Insurance § 21.23.399. Definitions - last updated January 01, 2025 | https://codes.findlaw.com/ak/title-21-insurance/ak-st-sect-21-23-399/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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