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Kentucky Enacts Consumer Privacy Bill

15 Apr

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Update Applicable to:Effective date
All employers January 1, 2026


What happened?

On April 4, 2024, House Bill 15 (HB 15) passed by the Kentucky Legislature was signed into law by Governor Andy Beshear.


What are the details? 

  • Kentucky’s privacy law is a comprehensive bill modeled after Virginia’s privacy law passed in 2021. 
  • Covered entities must:
    • Control or process personal data on more than 100,000 consumers or
    • Derive 50% of revenue from selling the data of more than 25,000 consumers. 
  • The law also shares requirements for data protection impact assessments, processing de-identified or pseudonymous data, user opt-outs for targeted advertising and data sales, consumer rights, and a 30-day cure provision.
  • As defined in the law, the consumer definition does not include anyone in the employment context (employee, employer, or contractor) and it expressly contemplates employment information as an exception, which means, employment information is not considered part of the potential bill.
    • (7) “Consumer” means a natural person who is a resident of the Commonwealth of Kentucky acting only in an individual context. Consumer does not include a natural person acting in a commercial or employment context.
    • (3) The following information and data are exempt from Sections 1 to 10 of this Act:
    • (n) Data processed or maintained:

      1. In the course of an individual applying to, employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role.
  • The law provides some unique exemptions.


Business Considerations 

  • An entity’s priority is to assess whether the bill applies to you because you fall under the covered entity. In the employment context, it is expressly excluded. 
  • Employers should ensure that their policies and practices around data privacy are updated to reflect the provisions of the new law. 


Resources


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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