C. Court-derived exclusions, common law prohibitions, recognized privileges against disclosure.

The Supreme Court has recognized an "executive privilege," in Doe v. Superior Court, 721 P.2d 617 (Alaska 1986), and a "deliberative process privilege," in Capital Information Group v. Office of the Governor, 923 P.2d 29 (Alaska 1996), and Gwich'in Steering Committee v. Office of the Governor, 10 P.3d 572 (Alaska 2000) ("Gwich'in "). The court has ruled that these privileges are qualified, rather than absolute, and that a balancing of interests between the government and the parties seeking disclosure must be conducted. However, the court has noted that once the government has met the threshold requirements for invoking the deliberative process privilege, the burden is cast on the party seeking the records to overcome a presumption of confidentiality, and that this burden is difficult to meet. Gwich'in, 10 P.3d at 584. Also, the Court has held that the exception in AS 40.25.120(4) for records otherwise exempt from disclosure under "state law" encompasses both the state constitution and common law. In particular, the Court, and attorney general and agency rulings, have recognized that nondisclosure may be warranted in a number of circumstances due to individuals' rights under the privacy clause of the Alaska Constitution. Article I, Section 22. The AG has ruled that the privacy clause, construed together with a 1990 statute governing privacy considerations in public records, does not preclude access to the names and addresses of applicants for permanent fund dividends, even for commercial purposes. April 1, 1992, AG Op. No. 663-92-0163. The AG has suggested that the privacy clause may support establishing procedures in the Department of Labor and Workplace Development to allow individuals whose worker's compensation medical files are requested by the public to apply for a protective order. [The governor in 1991 vetoed a bill containing a provision that would have made worker's compensation medical files confidential.]