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Kansas Data Breach Statute

 

Kan. Stat. Ann. §§ 50-7a01 et seq.

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Most expedient time possible and without
unreasonable delay

NO

 

More Details

Scope of this Summary Notification requirements applicable to persons or businesses that conduct business in the state and own, license or maintain covered info.  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 or state identification card number; or financial account, credit card or debit card number, alone or in combination with any required security or access code or password that would permit access to a resident's financial account.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted or redacted or otherwise secured by any method in such a way that it is unreadable or unusable.
Breach Defined Unauthorized access and acquisition that compromises the security, confidentiality, or integrity of the covered info that the covered entity reasonably believes has caused or will cause identity theft to 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, after reasonable and prompt investigation, misuse of covered info has not and is not reasonably likely to occur.
Consumer Agency Notice If more than 1,000 residents are notified, must notify all nationwide CRAs without unreasonable delay of timing, distribution and content of the notices.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them following discovery of a breach if covered info was, or is reasonably believed to have been, accessed and acquired by an unauthorized person.
Potential Penalties Violations may result in civil penalties.

 

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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