{"data":{"id":"us-ky/krs-367.3625","jurisdiction":"us-ky","citation":"KRS 367.3625","heading":"Construction of KRS 367.3611 to 367.3629 -- Uses of data by controller or","body":"processor -- Application of evidentiary privilege -- Disclosure of data to third -\nparty controller -- Limitations on processing of personal data -- Burden of\nproof.\n(1) Nothing in KRS 367.3611 to 367.3629 shall be construed to restrict a controller's or\nprocessor's ability to:\n(a) Comply with federal, state, or local laws or regulations;\n(b) Comply with a civil, criminal, or regulatory inquiry, investigation, subpo ena,\nor summons by federal, state, local, or other governmental authorities;\n(c) Cooperate with law enforcement agencies concerning conduct or activity that\nthe controller or processor reasonably and in good faith believes may violate\nfederal, state, or local laws, rules, or regulations;\n(d) Investigate, establish, exercise, prepare for, or defend legal claims;\n(e) Provide a product or service specifically requested by a consumer or a parent\nor guardian of a known child;\n(f) Perform a contract to which the consumer or parent or guardian of a known\nchild is a party, including fulfilling the terms of a written warranty;\n(g) Take steps at the request of the consumer or parent or guardian of a known\nchild prior to entering into a contract;\n(h) Take immediate ste ps to protect an interest that is essential for the life or\nphysical safety of the consumer or of another natural person, and where the\nprocessing cannot be manifestly based on another legal basis;\n(i) Prevent, detect, protect against, or respond to securi ty incidents, identity theft,\nfraud, harassment, malicious or deceptive activities, or any illegal activity;\npreserve the integrity or security of systems; or investigate, report, or\nprosecute those responsible for any such action;\n(j) Engage in public or peer -reviewed scientific or statistical research in the\npublic interest that adheres to all other applicable ethics and privacy laws and\nis approved, monitored, and governed by an institutional review board, or\nsimilar independent oversight entities that determine:\n1. If the deletion of the information is likely to provide substantial benefits\nthat do not exclusively accrue to the controller;\n2. The expected benefits of the research outweigh the privacy risks; and\n3. If the controller ha s implemented reasonable safeguards to mitigate\nprivacy risks associated with research, including any risks associated\nwith re-identification; or\n(k) Assist another controller, processor, or third party with any of the obligations\nunder this subsection.\n(2) The obligations imposed on controllers or processors under KRS 367.3611 to\n367.3629 shall not restrict a controller's or processor's ability to collect, use, or\nretain data to:\n(a) Conduct internal research to develop, improve, or repair products, servic es, or\ntechnology;\n(b) Effectuate a product recall;\n(c) Identify and repair technical errors that impair existing or intended\nfunctionality; or\n(d) Perform internal operations that are reasonably aligned with the expectations\nof the consumer or reasonably anticipated based on the consumer's existing\nrelationship with the controller or are otherwise compatible with processing\ndata in furtherance of the provision of a product or service specifically\nrequested by a consumer or a parent or guardian of a known c hild or the\nperformance of a contract to which the consumer or a parent or guardian of a\nknown child is a party.\n(3) The obligations imposed on controllers or processors under KRS 367.3611 to\n367.3629 shall not apply to a controller or processor if complia nce under KRS\n367.3611 to 367.3629 would violate an evidentiary privilege under the laws of this\nCommonwealth. Nothing in KRS 367.3611 to 367.3629 shall be construed to\nprevent a controller or processor from providing personal data concerning a\nconsumer to  a person covered by an evidentiary privilege under the laws of this\nCommonwealth as part of a privileged communication.\n(4) A controller or processor that discloses personal data to a third -party controller or\nprocessor,  in compliance with the requiremen ts of KRS 367.3611 to 367.3629, is\nnot in violation of KRS 367.3611 to 367.3629 if the third -party controller or\nprocessor that receives and processes such personal data is in violation of KRS\n367.3611 to 367.3629, provided that, at the time of disclosing the personal data, the\ndisclosing controller or processor did not have actual knowledge that the recipient\nintended to commit a violation. A third -party controller or processor receiving\npersonal data from a controller or processor in compliance with the r equirements of\nKRS 367.3611 to 367.3629 is likewise not in violation of KRS 367.3611 to\n367.3629 for the transgressions of the controller or processor from which it receives\nsuch personal data.\n(5) Nothing in KRS 367.3611 to 367.3629 shall be construed as  an obligation imposed\non controllers and processors that adversely affects the privacy or other rights or\nfreedoms of any persons, including but not limited to the right of free speech\npursuant to the First Amendment to the Constitution of the United Stat es, or applies\nto the processing of personal data by a person in the course of a purely personal or\nhousehold activity.\n(6) Personal data processed by a controller pursuant to this section shall not be\nprocessed for any purpose other than those expressly l isted in this section unless\notherwise allowed by KRS 367.3611 to 367.3629. Personal data processed by a\ncontroller pursuant to this section may be processed to the extent that such\nprocessing is:\n(a) Reasonably necessary and proportionate to the purposes listed in this section;\nand\n(b) Adequate, relevant, and limited to what is necessary in relation to the specific\npurposes listed in this section. Personal data collected, used, or retained\npursuant to subsection (2) of this section shall, where applicable,  take into\naccount the nature and purpose or purposes of such collection, use, or\nretention. The data shall be subject to reasonable administrative, technical,\nand physical measures to protect the confidentiality, integrity, and\naccessibility of personal d ata and to reduce reasonably foreseeable risks of\nharm to consumers relating to the collection, use, or retention of personal\ndata.\n(7) If a controller processes personal data pursuant to an exemption in this section, the\ncontroller bears the burden of dem onstrating that such processing qualifies for the\nexemption and complies with the requirements in this section.\n(8) Processing personal data for the purposes expressly identified in subsection (1) of\nthis section shall not by itself make an entity a contro ller with respect to such\nprocessing.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55843","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:03Z","sha256":"25203287e419122c81e19a1baaf39927feb9f65cf1037825a53dbd69df140d03","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.3623","next":"us-ky/krs-367.3627"},"notice":"GroundRules: Original legal text. Not legal advice."}