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Kentucky Enacts Consumer Privacy Bill

15 Apr

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. 


Source References

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