{"data":{"id":"us-ky/krs-367.3617","jurisdiction":"us-ky","citation":"KRS 367.3617","heading":"Limitations on the collection and use of personal data by a controller --","body":"Waiver of consumer rights contrary to public policy -- Privacy notice -- Notice\nfor sale of personal data to third party -- Process for consumers to exercise\nconsumer rights requirement.            (Effective until July 1, 2027)\n(1) A controller shall:\n(a) Limit the collection of personal data to what is adequate, relevant, and\nreasonably necessary in relation to the purposes for which the data is\nprocessed as disclosed to the consumer;\n(b) Except as otherwise provided in this section, not process personal data for\npurposes that are neither reasonably necessary to nor compatible with the\ndisclosed purposes for which the personal data is processed as disclosed to the\nconsumer, unless the controller obtains the consumer's consent;\n(c) Establish, implement, and maintain reasonable administrative, technical, and\nphysical data security practices to protect the confidentiality, integrity, and\naccessibility of personal data. The dat a security practices shall be appropriate\nto the volume and nature of the personal data at issue;\n(d) Not process personal data in violation of state and federal laws that prohibit\nunlawful discrimination against consumers. A controller shall not discriminate\nagainst a consumer for exercising any of the consumer rights contained in\nKRS 367.3615, including denying goods or services, charging different prices\nor rates for goods or services, or providing a different level of quality of\ngoods and services to th e consumer. However, nothing in this paragraph shall\nbe construed to require a controller to provide a product or service that\nrequires the personal data of a consumer that the controller does not collect or\nmaintain, or to prohibit a controller from offer ing a different price, rate, level,\nquality, or selection of goods or services to a consumer, including offering\ngoods or services for no fee, if the offer is related to a consumer's voluntary\nparticipation in a bona fide loyalty, rewards, premium features , discounts, or\nclub card program; and\n(e) Not process sensitive data concerning a consumer without obtaining the\nconsumer's consent, or, in the case of the processing of sensitive data\ncollected from a known child, process the data in accordance with the federal\nChildren's Online Privacy Protection Act, 15 U.S.C. sec. 6501 et seq.\n(2) Any provision of a contract or agreement of any kind that purports to waive or limit\nin any way consumer rights pursuant to KRS 367.3615 shall be deemed contrary to\npublic policy and shall be void and unenforceable.\n(3) Controllers shall provide consumers with a reasonably accessible, clear, and\nmeaningful privacy notice that includes:\n(a) The categories of personal data processed by the controller;\n(b) The purpose for processing personal data;\n(c) How consumers may exercise their consum er rights pursuant to KRS\n367.3615, including how a consumer may appeal a controller's decision with\nregard to the consumer's request;\n(d) The categories of personal data that the controller shares with third parties, if\nany; and\n(e) The categories of thir d parties, if any, with whom the controller shares\npersonal data.\n(4) If a controller sells personal data to third parties or processes personal data for\ntargeted advertising, the controller shall clearly and conspicuously disclose such\nactivity, as well a s the manner in which a consumer may exercise the right to opt\nout of processing.\n(5) A controller shall establish, and shall describe in a privacy notice, one (1) or more\nsecure and reliable means for consumers to submit a request to exercise their\nconsumer rights under KRS 367.3615. The different ways to submit a request by a\nconsumer shall take into account the ways in which consumers normally interact\nwith the controller, the need for secure and reliable communication of such\nrequests, and the ability o f the controller to authenticate the identity of the\nconsumer making the request. Controllers shall not require a consumer to create a\nnew account in order to exercise consumer rights pursuant to KRS 367.3615 but\nmay require a consumer to use an existing account.\nEffective: January 1, 2026","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55839","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:03Z","sha256":"21bc57c947399a71c8562f0d2c58685a736d1007f185f4861acbaa9ce2658ba7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.3615","next":"us-ky/krs-367.3619"},"notice":"GroundRules: Original legal text. Not legal advice."}