367.3617 Limitations on the collection and use of personal data by a controller --
640 words·~3 min read·
/ky/367-3617A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Waiver of consumer rights contrary to public policy -- Privacy notice -- Notice
for sale of personal data to third party -- Process for consumers to exercise
consumer rights requirement.
(1)A controller shall:
(a)Limit the collection of personal data to what is adequate, relevant, and
reasonably necessary in relation to the purposes for which the data is
processed as disclosed to the consumer;
(b)Except as otherwise provided in this section, not process personal data for
purposes that are neither reasonably necessary to nor compatible with the
disclosed purposes for which the personal data is processed as disclosed to the
consumer, unless the controller obtains the consumer's consent;
(c)Establish, implement, and maintain reasonable administrative, technical, and
physical data security practices to protect the confidentiality, integrity, and
accessibility of personal data. The data security practices shall be appropriate
to the volume and nature of the personal data at issue;
(d)Not process personal data in violation of state and federal laws that prohibit
unlawful discrimination against consumers. A controller shall not discriminate
against a consumer for exercising any of the consumer rights contained in
KRS 367.3615, including denying goods or services, charging different prices
or rates for goods or services, or providing a different level of quality of
goods and services to the consumer. However, nothing in this paragraph shall
be construed to require a controller to provide a product or service that
requires the personal data of a consumer that the controller does not collect or
maintain, or to prohibit a controller from offering a different price, rate, level,
quality, or selection of goods or services to a consumer, including offering
goods or services for no fee, if the offer is related to a consumer's voluntary
participation in a bona fide loyalty, rewards, premium features, discounts, or
club card program; and
(e)Not process sensitive data concerning a consumer without obtaining the
consumer's consent, or, in the case of the processing of sensitive data
collected from a known child, process the data in accordance with the federal
Children's Online Privacy Protection Act, 15 U.S.C. sec. 6501 et seq.
(2)Any provision of a contract or agreement of any kind that purports to waive or limit
in any way consumer rights pursuant to KRS 367.3615 shall be deemed contrary to
public policy and shall be void and unenforceable.
(3)Controllers shall provide consumers with a reasonably accessible, clear, and
meaningful privacy notice that includes:
(a)The categories of personal data processed by the controller;
(b)The purpose for processing personal data;
(c)How consumers may exercise their consumer rights pursuant to KRS
367.3615, including how a consumer may appeal a controller's decision with
regard to the consumer's request;
(d)The categories of personal data that the controller shares with third parties, if
any; and
(e)The categories of third parties, if any, with whom the controller shares
personal data.
(4)If a controller sells personal data to third parties or processes personal data for
targeted advertising, the controller shall clearly and conspicuously disclose such
activity, as well as the manner in which a consumer may exercise the right to opt
out of processing.
(5)A controller shall establish, and shall describe in a privacy notice, one
(1)or more
secure and reliable means for consumers to submit a request to exercise their
consumer rights under KRS 367.3615. The different ways to submit a request by a
consumer shall take into account the ways in which consumers normally interact
with the controller, the need for secure and reliable communication of such
requests, and the ability of the controller to authenticate the identity of the
consumer making the request. Controllers shall not require a consumer to create a
new account in order to exercise consumer rights pursuant to KRS 367.3615 but
may require a consumer to use an existing account.