{"data":{"id":"us-ky/krs-367.3621","jurisdiction":"us-ky","citation":"KRS 367.3621","heading":"Data protection impact assessment -- Requirements -- Disclosure to","body":"Attorney General -- Confidentiality and exceptions -- Application.\n(1) Controllers shall conduct and document a data protection impact assessment of each\nof the following processing activities involving personal data:\n(a) The processing of personal data for the purposes of targeted advertising;\n(b) The processing of personal data for the purposes of selling of personal data;\n(c) The processing of personal data for th e purposes of profiling, where the\nprofiling presents a reasonably foreseeable risk of:\n1. Unfair or deceptive treatment of consumers or unlawful, disparate\nimpact on consumers;\n2. Financial, physical, or reputational injury to consumers;\n3. A physical or other intrusion upon the solitude or seclusion, or the\nprivate affairs or concerns, of consumers, where an intrusion would be\noffensive to a reasonable person; or\n4. Other substantial injury to consumers;\n(d) The processing of sensitive data; and\n(e) Any processing of personal data that presents a heightened risk of harm to\nconsumers.\n(2) Data protection impact assessments conducted under this section shall identify and\nweigh the benefits that may flow, directl y and indirectly, from the processing to the\ncontroller, the consumer, other stakeholders, and the public against the potential\nrisks to the rights of the consumer associated with such processing, as mitigated by\nsafeguards that can be employed by the cont roller to reduce such risk. The use of\nde-identified data and the reasonable expectations of consumers, as well as the\ncontext of the processing of personal data and the relationship between the\ncontroller and the consumer whose personal data will be proce ssed, shall be\nfactored into this assessment by the controller.\n(3) The Attorney General may request, pursuant to an investigative demand, that a\ncontroller disclose any data protection impact assessment that is relevant to an\ninvestigation conducted by th e Attorney General, and the controller shall make the\ndata protection impact assessment available to the Attorney General. The Attorney\nGeneral may evaluate the data protection impact assessments for compliance with\nthe requirements of KRS 367.3611 to 367.3629.\n(4) Data protection impact assessments are confidential and exempt from disclosure,\npublic inspection, and copying under KRS 61.870 to 61.884.\n(5) The disclosure of a data protection impact assessment pursuant to a request from\nthe Attorney General u nder subsection (3) of this section does not constitute a\nwaiver of the attorney -client privilege or work product protection with respect to\nthe assessment and any information contained in the assessment.\n(6) A single data protection assessment may address  a comparable set of processing\noperations that include similar activities.\n(7) Data protection assessments conducted by a controller for the purpose of\ncompliance with other laws or regulations may comply under this section if the\nassessments have a reasonably comparable scope and effect.\n(8) Data protection assessment requirements shall apply to processing activities created\nor generated on or after June 1, 2026.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56649","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:03Z","sha256":"92c51a7b1a8787042ad2635e4db1ce80386fa91dc5eca46492775f8cffdaa2cd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.3619","next":"us-ky/krs-367.3623"},"notice":"GroundRules: Original legal text. Not legal advice."}