KRS 61.933: Notification of personal information security breach -- Investigation --

Notice to affected individuals of result of investigation -- Personal information

not subject to requirements -- Injunctive relief by Attorney General.

(1) (a) Any agency that c ollects, maintains, or stores personal information that

determines or is notified of a security breach relating to personal information

collected, maintained, or stored by the agency or by a nonaffiliated third party

on behalf of the agency shall as soon a s possible, but within seventy -two (72)

hours of determination or notification of the security breach:

1. Notify the commissioner of the Kentucky State Police, the Auditor of

Public Accounts, and the Attorney General. In addition, an agency shall

notify the secretary of the Finance and Administration Cabinet or his or

her designee if an agency is an organizational unit of the executive

branch of state government; notify the commissioner of the Department

for Local Government if the agency is a unit of gover nment listed in

KRS 61.931(1)(b) or (c) that is not an organizational unit of the

executive branch of state government; notify the commissioner of the

Kentucky Department of Education if the agency is a public school

district listed in KRS 61.931(1)(d); an d notify the president of the

Council on Postsecondary Education if the agency is an educational

entity listed under KRS 61.931(1)(e). Notification shall be in writing on

a form developed by the Commonwealth Office of Technology. The

Commonwealth Office of Technology shall promulgate administrative

regulations under KRS 61.931 to 61.934 regarding the contents of the

form; and

2. Begin conducting a reasonable and prompt investigation in accordance

with the security and breach investigation procedures and pra ctices

referenced in KRS 61.932(1)(b) to determine whether the security

breach has resulted in or is likely to result in the misuse of the personal

information.

(b) Upon conclusion of the agency's investigation:

1. If the agency determined that a security breach has occurred and that the

misuse of personal information has occurred or is reasonably likely to

occur, the agency shall:

a. Within forty -eight (48) hours of completion of the investigation,

notify in writing all officers listed in paragraph (a)1. o f this

subsection, and the commissioner of the Department for Libraries

and Archives, unless the provisions of subsection (3) of this

section apply;

b. Within thirty-five (35) days of providing the notifications required

by subdivision a. of this subparagr aph, notify all individuals

impacted by the security breach as provided in subsection (2) of

this section, unless the provisions of subsection (3) of this section

apply; and

c. If the number of individuals to be notified exceeds one thousand

(1,000), the a gency shall notify, at least seven (7) days prior to

providing notice to individuals under subdivision b. of this

subparagraph, the Commonwealth Office of Technology if the

agency is an organizational unit of the executive branch of state

government, the Department for Local Government if the agency is

a unit of government listed under KRS 61.931(1)(b) or (c) that is

not an organizational unit of the executive branch of state

government, the Kentucky Department of Education if the agency

is a public school district listed under KRS 61.931(1)(d), or the

Council on Postsecondary Education if the agency is an

educational entity listed under KRS 61.931(1)(e); and notify all

consumer credit reporting agencies included on the list maintained

by the Office of the A ttorney General that compile and maintain

files on consumers on a nationwide basis, as defined in 15 U.S.C.

sec. 1681a(p), of the timing, distribution, and content of the notice;

or

2. If the agency determines that the misuse of personal information has no t

occurred and is not likely to occur, the agency is not required to give

notice, but shall maintain records that reflect the basis for its decision for

a retention period set by the State Archives and Records Commission as

established by KRS 171.420. The agency shall notify the appropriate

entities listed in paragraph (a)1. of this subsection that the misuse of

personal information has not occurred.

(2) (a) The provisions of this subsection establish the requirements for providing

notice to individuals und er subsection (1)(b)1.b. of this section. Notice shall

be provided as follows:

1. Conspicuous posting of the notice on the Web site of the agency;

2. Notification to regional or local media if the security breach is localized,

and also to major statewide media if the security breach is widespread,

including broadcast media, such as radio and television; and

3. Personal communication to individuals whose data has been breached

using the method listed in subdivision a., b., or c. of this subparagraph

that the agency believes is most likely to result in actual notification to

those individuals, if the agency has the information available:

a. In writing, sen t to the most recent address for the individual as

reflected in the records of the agency;

b. By electronic mail, sent to the most recent electronic mail address

for the individual as reflected in the records of the agency, unless

the individual has communicated to the agency in writing that they

do not want email notification; or

c. By telephone, to the most recent telephone number for the

individual as reflected in the records of the agency.

(b) The notice shall be clear and conspicuous, and shall include:

1. To the extent possible, a description of the categories of information that

were subject to the security breach, including the elements of personal

information that were or were believed to be acquired;

2. Contact information for the notifying agency, including the address,

telephone number, and toll -free number if a toll -free number is

maintained;

3. A description of the general acts of the agency, excluding disclosure of

defenses used for the protection of information, to protect the personal

information from further security breach; and

4. The toll-free numbers, addresses, and Web site addresses, along with a

statement that the individual can obtain information from the following

sources about steps the individual may take to avoid identity theft, for:

a. The major consumer credit reporting agencies;

b. The Federal Trade Commission; and

c. The Office of the Kentucky Attorney General.

(c) The agency providing notice pursuant to this subsection shall cooperate with

any investigation conducted by the age ncies notified under subsection (1)(a)

of this section and with reasonable requests from the Office of Consumer

Protection of the Office of the Attorney General, consumer credit reporting

agencies, and recipients of the notice, to verify the authenticity of the notice.

(3) (a) The notices required by subsection (1) of this section shall not be made if,

after consultation with a law enforcement agency, the agency receives a

written request from a law enforcement agency for a delay in notification

because the notice may impede a criminal investigation. The written request

may apply to some or all of the required notifications, as specified in the

written request from the law enforcement agency. Upon written notification

from the law enforcement agency that the criminal investigation has been

completed, or that the sending of the required notifications will no longer

impede a criminal investigation, the agency shall send the notices required by

subsection (1)(b)1. of this section.

(b) The notice required by subs ection (1)(b)1.b. of this section may be delayed if

the agency determines that measures necessary to restore the reasonable

integrity of the data system cannot be implemented within the timeframe

established by subsection (1)(b)1.b. of this section, and th e delay is approved

in writing by the Office of the Attorney General. If notice is delayed pursuant

to this subsection, notice shall be made immediately after actions necessary to

restore the integrity of the data system have been completed.

(4) Any waiver of the provisions of this section is contrary to public policy and shall be

void and unenforceable.

(5) This section shall not apply to:

(a) Personal information that has been redacted;

(b) Personal information disclosed to a federal, state, or local gove rnment entity,

including a law enforcement agency or court, or their agents, assigns,

employees, or subcontractors, to investigate or conduct criminal investigations

and arrests or delinquent tax assessments, or to perform any other statutory

duties and responsibilities;

(c) Personal information that is publicly and lawfully made available to the

general public from federal, state, or local government records;

(d) Personal information that an individual has consented to have publicly

disseminated or listed; or

(e) Any document recorded in the records of either a county clerk or circuit clerk

of a county, or in the records of a United States District Court.

(6) The Office of the Attorney General may bring an action in the Franklin Circuit

Court against an agency or a nonaffiliated third party that is not an agency, or both,

for injunctive relief, and for other legal remedies against a nonaffiliated third party

that is not an agency to enforce the provisions of KRS 61.931 to 61.934. Nothing in

KRS 61.931 to 61.934 shall create a private right of action.