Kentucky. Breach notification. Act

KY breach lawKentucky data breach notification law (Ky. Rev. Stat. § 365.732 (private); §§ 61.931-.934 (public agencies))

In force
Partly verifiedMedium confidence. No verification notes recorded.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Kentucky residents to notify affected individuals after a security breach. Core timing rule: Individuals in the most expedient time possible. Covered data: name plus SSN, driver's licence, financial account or card numbers with codes.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

Breach requires actual or reasonably believed identity theft or fraud; public-agency contractors must notify the agency within 72 hours.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Kentucky requires the maintaining entity to notify the owner as soon as reasonably practicable; contractors of state agencies have 72 hours. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals in the most expedient time possible; no private-sector AG notice; CRAs if >1,000
DPO
No
Cross-border transfers
None
Maximum penalty
Not specified

§3Dates

Key dates
  • Adopted
  • In force
  • HB 232 (2014) enacted private-sector law; HB 5 (2014, eff. 2015-01-01) covers public agencies

§4Text and authority

Text
Authority
Kentucky Attorney General

§5Where it applies

Domestic law of
Kentucky

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. No verification notes recorded.