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Navigating the Kentucky Consumer Data Privacy Act (KCDPA): Key Details

In this infographic, you will learn:

  • Scope, applicability and exemptions under KCDPA,
  • Key definitions and organizational obligations,
  • Data subject rights and enforcement authority,
  • How to operationalize KCDPA.

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Kentucky's Consumer Data Privacy Act (KCDPA), officially titled ‘An Act relating to Consumer Data Privacy’, encapsulated within Senate Bill 15, represents a major advancement in the US State's laws protecting citizens' privacy rights.

With a rising focus on national and international consumer privacy, the KCDPA seeks to empower consumers with additional control over their personal data by exercising consumer rights. It also imposes specific obligations on businesses that collect, process, and secure consumer data.

KCDPA outlines several obligations for organizations, such as data minimization and purpose limitation, non-discrimination, security measures, consent requirements and privacy notice requirements, and conducting data protection assessments and requirements for processors, among several other requirements. It also gives data subjects rights, such as access, confirm, correct, delete, obtain a copy, and opt-out.

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KCDPA

Frequently Asked Questions

Kentucky's Consumer Data Privacy Act (KCDPA) is the state’s privacy law. It applies to Kentucky businesses targeting residents, handling personal data of 50,000+ consumers (or 25,000 annually) and earning over 50% of revenue from data sales.

The Attorney General exclusively enforces the KCDPA, issuing investigative demands and filing lawsuits. Before action, a 30-day notice is required, and no damages apply if violations are corrected and compliance is confirmed within that period.

If a controller or processor fails to resolve a violation or breaches their statement, the Attorney General may sue and seek up to $7,500 per violation.

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