ADMINISTRATIVE PROCEDURES MANUAL

Section 11.56.860.   Misuse of Confidential Information.

1. A person who is or has been a public servant commits the crime of misuse of confidential information if the person

1. 1. Learns confidential information through employment as a public servant; and
      

   2. While in office or after leaving office, uses the confidential information for personal gain or in a manner not connected with the performance of official duties other than by giving sworn testimony or evidence in a legal proceeding in conformity with a court order.

2. As used in this section, "confidential information" means information which has been classified confidential by law.
   

3. Misuse of confidential information is a class A misdemeanor.

Note:

The maximum penalty for this infraction is a fine of $5,000 and one year in jail.

Section 47.05.020.   Confidential Character of Public Assistance Records.

The rule making power of the Department includes the power to establish and enforce reasonable regulations governing the custody, use, and preservation of the records, papers, files, and communications of the Department. The regulations must provide that financial information concerning an eligibility determination of a person applying for or receiving assistance under the Alaska Temporary Assistance program shall be disclosed to a legislator on request of legislator in connection with official purposes within the scope of the legislator's legislative functions and related to the administration of the program consistent with federal law. When, under the law, names and addresses of recipients of public assistance are furnished to or held by another agency or department of government, the agency or department of government shall adopt regulations necessary to prevent the publication of the lists or their use of purposes not directly connected with the administration of public assistance and legislative functions. A legislator to whom information relating to the Alaska Temporary Assistance program is disclosed under this section may not further disclose the information except to another legislator and then only in connection with official purposes within each legislator's legislative functions and related to the administration of the program consistent with federal law.

Section 47.05.030.   Misuse of Public Assistance Lists and Records.

1. Except as provided in (b) of this section and for purposes directly connected with the administration of General Relief Assistance, Adult Public Assistance, the day care assistance program authorized under AS 44.47.250 - 44.47.310, or the Alaska Temporary Assistance program, and in accordance with the regulations of the Department, a person may not solicit, disclose, receive, make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of, a list of or names of, or information concerning, persons applying for or receiving the assistance directly or indirectly derived from the records, papers, files, or communications of the Department or subdivision or agencies of the Department, or acquired in the course of performance of official duties.
   

2. It is not a violation of (a) of this section for the Department or an employee of the Department to disclose to a legislator, or for a legislator to solicit, receive, or make use of, financial information concerning an eligibility determination of a person applying for or receiving assistance under the Alaska Temporary Assistance program if the disclosure, solicitation, receipt, and use are for official purposes in connection with the legislator's official functions and related to the administration of the program consistent with federal law. Information provided to a legislator under this subsection shall remain confidential and may not be further disclosed except as provided in AS 47.05.020.

Section 47.05.032   Disclosure to Legislators

A legislator to whom confidential information is disclosed under AS 47.05.020 - 47.05.030 is not subject to a penalty for further disclosure of the information unless, at the time the information was provided to the legislator, the legislator was given written notification that the material was confidential.