GPS - Analysis and Information from Borough Attorney

Subsequent to the January 10 Assembly meeting, Borough attorney Brooks Chandler, addressed two questions: how is GPS data from the Chugach Powder Guides handled by the USFS, Glacier Ranger District and how does the proposed ordinance 12-01-279 which would declare heliski GPS coordinates confidential interact with Borough Charter, code, and Alaska State statutes?

I will ask for both memos to be included in the Assembly agenda packets for the February 14 meeting. This will enable you to download them from the Borough website.

With respect to the GPS data submitted by the Chugach Powder Guides (CPG), the Borough attorney writes:

GPS data for the Chugach Powder Guides is kept by CPG; CPG must self report " incursions" into no fly areas together with an explanation for the incursion (weather, avoiding clouds, mistake, etc.); CPG must make GPS data for specific days available for USFS to spot check upon request by USFS. ... USFS keeps a record of the fact the spot check was performed and whether any violations were discovered, but does not keep a copy of the GPS data. Spot checks are performed regardless of whether a complain has been received.

The analysis of the authority of the Assembly to classify GPS data submitted to the Borough as a confidential proprietary business record not subject to disclosure as a public record is more detailed. It deserves to be read in its entirety. I will do my best to give you a sense of the Borough Attorney's memorandum until you have the opportunity to read it for yourself when it is available on the Borough's website for the upcoming meeting.

Both Borough Charter (Section 18.04 (B)) and Borough Code (2.62.010(C)) and Alaska Statute (AS 40.25.110 (A) provide that borough records are open to the public, but the Charter and the Borough Code also provide exceptions, as does Alaska State statute. The exception in the Alaska Statute is embodied in the phrase "unless specifically provided otherwise." The list of specific categories of documents not subject to public disclosure includes records that are "proprietary, privileged or a trade secret." We are reminded that "no specific state statute addresses whether GPS data is confidential. No specific state statute provides a general definition of "proprietary." Nor is there any state statute addressing the confidentiality of sales tax records.

The attorney concludes that the Borough has the authorization to identify by ordinance classes of records not subject to public disclosure, as it has done with sales tax records. The attorney writes "We do not believe a proposal to make GPS data confidential is clearly 'over the line.' "

...if the Assembly believes public disclosure of GPS data would put local companies at a competitive disadvantage either with regard to competing amongst themselves for customers or competing with future permit holders, there is a valid legal basis to make GPS data confidential...These determinations involve a mix of fact and our own policy choices as a community.

There are no easy answers. We simply have to think this through as logically and fairly as possible.