Alaska Comm. R. Evid. 502
This rule provides that any person, organization, or entity required by law to furnish certain information to the government has a privilege to refuse to disclose the information provided, if such a privilege is provided for by the governing statute. A claim of privilege can be invoked to prevent any person from disclosing the information, and a public officer or agency that receives information may refuse to disclose it if the governing legislation so provides. The rule extends to reports required by the federal government, the State of Alaska, and other states.
In light of Rule 501, Rule 502 is redundant in its reference to the State of Alaska. Rule 501 establishes that privileges can be created by these rules or by enactments of the Alaska legislature. It is therefore clear that even without Rule 502 any privilege provided for by statute would be recognized. See, e.g., AS 28.35.120. Despite the redundancy, Rule 502 serves two purposes not served by Rule 501 in connection with Alaska law. First, it serves to remind the legislature that these rules will not generally provide a privilege in circumstances where the government is requiring a person, organization, or entity to supply information. If a privilege is to be forthcoming, it must be legislatively created. Second, it establishes that no privilege exists in actions for perjury, false statement, and the like.
When the federal government creates a privilege in a statute that requires the submission of reports or records to the government, that privilege must be recognized by the states under the supremacy clause of the United States Constitution. No such clause requires that one state defer to the judgment of another state as to the wisdom of compelling disclosure of certain information. For reasons of comity, however, Rule 502 recognizes the privileges for required reports created by sister states. "[A]n argument can be made that where a document is prepared on order of the state and on the promise of privilege, the privilege should be enforced because but for the promised privilege the document would not have been produced." Weinstein, The Uniformity-Conformity Dilemma Facing Draftsmen of Federal Rules of Evidence, 69 Colum. L. Rev. 353, 371 n.80 (1969). The legislative purpose in requiring certain reports--to encourage full and complete disclosure of required information--requires mutual recognition of a required reports privilege among sister states. The last sentence of this rule, which has application to Alaska statutes, has no application to the laws of sister states or the federal government; it makes clear that the privilege is not a license for perjury, that, insofar as the State of Alaska has the power to punish for perjury and related actions, this rule will provide no protection.
It should be plain that the existence and scope of required records, laws and privileges are dependent upon legislative action. The legislature can eliminate any privilege that would exist under this rule.
Alaska Comm. R. Evid. 502