The Alaska State Capitol is seen on Monday, Feb. 3, 2025, in front of snow-covered Mount Juneau. (Photo by James Brooks/Alaska Beacon)
A new proposal from Alaska Gov. Mike Dunleavy would require all sides of a conversation to consent before that conversation could be legally recorded.
Senate Bill 85 was filed Wednesday in the Alaska Senate and referred to the Senate Labor and Commerce Committee. No hearings have yet been scheduled.
If passed by the Legislature and signed into law, the bill would make it more difficult for Alaskans to legally record a conversation. Currently, Alaska is among three dozen states that have a “one-party consent” law. Only one person involved in a conversation needs to allow a recording for it to be legal.
SB 85 would change that to require that “all parties to the communication” consent before being recorded.
Some states, including California, Florida, Delaware, and Illinois, have similar laws.
SB 85 would exempt police officers from the “all parties” restriction — an officer interacting with the public, gathering evidence or investigating a crime would be allowed to record someone without their consent.
A member of the public seeking to record a police officer would not have the same right.
In 2024, when the Arizona Legislature considered legislation similar to SB 85, lawmakers there noted that passage would make it illegal for crime victims to record evidence. The bill was opposed by several police organizations there, as well as the Arizona Media Association, which noted that it would make newsgathering more difficult.
Arizona’s bill did not pass that state’s Legislature.
In a letter transmitting SB 85 to the Alaska Senate, Dunleavy said that if enacted, the bill would protect individual Alaskans’ right to privacy.
“Alaska has long been a staunch protector of individual privacy rights. The surreptitious recording of conversations is an unacceptable intrusion of privacy,” he wrote. “I urge your prompt and favorable action on this measure.”
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