Kentucky

Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: Most expedient time possible and without unreasonable delay
Government Notification Required: NO

Ky. Rev. Stat. Ann. § 365.732

Scope of this Summary

Notification requirements applicable to persons or business entities that conduct business in the state. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.

Covered Info

First name or first initial and last name, plus: Social Security number; driver's license number; or account, credit card or debit card number in combination with any required security code, access code or password that would permit access to an individual’s financial account.

Form of Covered Info

Electronic Only.

Encryption Safe Harbor

Statute does not apply to information that is encrypted or redacted.

Breach Defined

Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info that actually causes, or that covered entity reasonably believe has caused or will cause, identity theft or fraud against a resident, excluding certain good-faith acquisitions by employees or agents.

Consumer Notice

Timing: Must be made in most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system.

Method: By written notice or electronic notice if consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.

Delayed Notice

Notification may be delayed if law enforcement determines that notification will impede a criminal investigation.

Harm Threshold

Notification not required if the covered entity reasonably believes that the breach has not and will not cause identity theft or fraud against any Kentucky resident.

Consumer Reporting Agency Notice

If more than 1,000 residents are notified, must notify all nationwide CRAs and credit bureaus without unreasonable delay of timing, distribution and content of the notices.

Third-Party Notice

If you conduct business in Kentucky and maintain covered info on behalf of another entity, you must notify them as soon as reasonably practicable after discovery of a breach if the covered info was, or is reasonably believed to have been, acquired by an unauthorized person.

This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on March 26, 2018