KRS 367.3623: De -identifiable data requirements -- Construction -- Limitation of

consumer rights on pseudonymous data -- Controller oversight of de -

identifiable or pseudonymous data.

(1) The controller in possession of de-identified data shall:

(a) Take reasonable measures to ensure the data cannot be associated with a

natural person;

(b) Publicly commit to maintaining and using de -identified data without

attempting to re-identify the data; and

(c) Contractually obligate any recipients of the de -identified data to comply with

all provisions of KRS 367.3611 to 367.3629.

(2) Nothing in KRS 367.3611 to 367.3629 shall be construed to require a controller or

processor to:

(a) Re-identify de-identified data or pseudonymous data; or

(b) Maintain data in identifiable form, or collect, obtain, retain, or access any data

or technology, in order to be capable of associating an authenticated consumer

request with personal data.

(3) Nothing in KRS 367.3611 to 367.3629 shall be construed to require a controller or

processor to comply with an authenticated consumer rights request pursuant to KRS

367.3615 if:

(a) The controller is not reasonably capable of associating the request with the

personal data or it would be unreasonably burdensome for the controller to

associate the request with the personal data;

(b) The controller does not use the personal data to recognize or respond to the

specific consumer who is the subject of the personal data, or associate the

personal data with other personal data about the same specific consumer; and

(c) The controller does not sell the personal data to any third party or otherwise

voluntarily disclose the personal data to any third party other than a processor,

except as otherwise permitted in this section.

(4) The consumer rights contained in KRS 367.361 5 shall not apply to pseudonymous

data in cases where the controller is able to demonstrate any information necessary

to identify the consumer is kept separately and is subject to appropriate technical

and organizational measures to ensure that the persona l data is not attributed to an

identified or identifiable natural person.

(5) A controller that discloses pseudonymous data or de -identified data shall exercise

reasonable oversight to monitor compliance with any contractual commitments to

which the pseudo nymous data or de -identified data is subject and shall take

appropriate steps to address any breaches of those contractual commitments.