Quick Facts
Breach Based on Harm Threshold: Yes
Deadline for Consumer Notice: Most expeditious manner possible and without unreasonable delay
Government Notification Required: No
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.
Risk of 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.
Breach Defined
Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info that actually causes or that covered entity reasonably believes has caused or will cause identity theft or fraud against a resident, excluding certain good-faith acquisitions by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is encrypted or redacted.
Form of Covered Info
Electronic Only
Covered Info
An individual's first name or first initial and last name in combination with any one or more of the following data elements:
- Social Security number.
- Driver's license number.
- Account number, credit or debit card number, in combination with any required security code, access code, or password permit access to an individual's financial account.
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.
Consumer Notice Method
By written notice or electronic notice if consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
Content of notice undefined.
Delayed Notice
Notification may be delayed if law enforcement determines that notification will impede a criminal investigation.
Government Notice
N/A
Consumer Reporting Agency Notice
If more than 1,000 residents are notified, must, without unreasonable delay, notify all nationwide Consumer Reporting Agencies and credit bureaus 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 it 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.
Exceptions for Other Laws
The statute does not apply to information holders subject to either: the Health Insurance Portability and Accountability Act of 1996 (HIPAA); or the Gramm-Leach-Bliley Act (GLBA).
Private Right of Action
*The Kentucky general data breach notification statute does not provide for a private right of action, but an injured party may recover damages under KRS 446.070.
Potential Penalties
The Kentucky general breach notification statute does not provide for regulatory enforcement.
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 June 15, 2023