367.3625 Construction of KRS 367.3611 to 367.3629 -- Uses of data by controller or
1,023 words·~5 min read·
/ky/367-3625A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
processor -- Application of evidentiary privilege -- Disclosure of data to third-
party controller -- Limitations on processing of personal data -- Burden of
proof.
(1)Nothing in KRS 367.3611 to 367.3629 shall be construed to restrict a controller's or
processor's ability to:
(a)Comply with federal, state, or local laws or regulations;
(b)Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena,
or summons by federal, state, local, or other governmental authorities;
(c)Cooperate with law enforcement agencies concerning conduct or activity that
the controller or processor reasonably and in good faith believes may violate
federal, state, or local laws, rules, or regulations;
(d)Investigate, establish, exercise, prepare for, or defend legal claims;
(e)Provide a product or service specifically requested by a consumer or a parent
or guardian of a known child;
(f)Perform a contract to which the consumer or parent or guardian of a known
child is a party, including fulfilling the terms of a written warranty;
(g)Take steps at the request of the consumer or parent or guardian of a known
child prior to entering into a contract;
(h)Take immediate steps to protect an interest that is essential for the life or
physical safety of the consumer or of another natural person, and where the
processing cannot be manifestly based on another legal basis;
(i)Prevent, detect, protect against, or respond to security incidents, identity theft,
fraud, harassment, malicious or deceptive activities, or any illegal activity;
preserve the integrity or security of systems; or investigate, report, or
prosecute those responsible for any such action;
(j)Engage in public or peer-reviewed scientific or statistical research in the
public interest that adheres to all other applicable ethics and privacy laws and
is approved, monitored, and governed by an institutional review board, or
similar independent oversight entities that determine:
1. If the deletion of the information is likely to provide substantial benefits
that do not exclusively accrue to the controller;
2. The expected benefits of the research outweigh the privacy risks; and
3. If the controller has implemented reasonable safeguards to mitigate
privacy risks associated with research, including any risks associated
with re-identification; or
(k)Assist another controller, processor, or third party with any of the obligations
under this subsection.
(2)The obligations imposed on controllers or processors under KRS 367.3611 to
367.3629 shall not restrict a controller's or processor's ability to collect, use, or
retain data to:
(a)Conduct internal research to develop, improve, or repair products, services, or
technology;
(b)Effectuate a product recall;
(c)Identify and repair technical errors that impair existing or intended
functionality; or
(d)Perform internal operations that are reasonably aligned with the expectations
of the consumer or reasonably anticipated based on the consumer's existing
relationship with the controller or are otherwise compatible with processing
data in furtherance of the provision of a product or service specifically
requested by a consumer or a parent or guardian of a known child or the
performance of a contract to which the consumer or a parent or guardian of a
known child is a party.
(3)The obligations imposed on controllers or processors under KRS 367.3611 to
367.3629 shall not apply to a controller or processor if compliance under KRS
367.3611 to 367.3629 would violate an evidentiary privilege under the laws of this
Commonwealth. Nothing in KRS 367.3611 to 367.3629 shall be construed to
prevent a controller or processor from providing personal data concerning a
consumer to a person covered by an evidentiary privilege under the laws of this
Commonwealth as part of a privileged communication.
(4)A controller or processor that discloses personal data to a third-party controller or
processor, in compliance with the requirements of KRS 367.3611 to 367.3629, is
not in violation of KRS 367.3611 to 367.3629 if the third-party controller or
processor that receives and processes such personal data is in violation of KRS
367.3611 to 367.3629, provided that, at the time of disclosing the personal data, the
disclosing controller or processor did not have actual knowledge that the recipient
intended to commit a violation. A third-party controller or processor receiving
personal data from a controller or processor in compliance with the requirements of
KRS 367.3611 to 367.3629 is likewise not in violation of KRS 367.3611 to
367.3629 for the transgressions of the controller or processor from which it receives
such personal data.
(5)Nothing in KRS 367.3611 to 367.3629 shall be construed as an obligation imposed
on controllers and processors that adversely affects the privacy or other rights or
freedoms of any persons, including but not limited to the right of free speech
pursuant to the First Amendment to the Constitution of the United States, or applies
to the processing of personal data by a person in the course of a purely personal or
household activity.
(6)Personal data processed by a controller pursuant to this section shall not be
processed for any purpose other than those expressly listed in this section unless
otherwise allowed by KRS 367.3611 to 367.3629. Personal data processed by a
controller pursuant to this section may be processed to the extent that such
processing is:
(a)Reasonably necessary and proportionate to the purposes listed in this section;
and
(b)Adequate, relevant, and limited to what is necessary in relation to the specific
purposes listed in this section. Personal data collected, used, or retained
pursuant to subsection
(2)of this section shall, where applicable, take into
account the nature and purpose or purposes of such collection, use, or
retention. The data shall be subject to reasonable administrative, technical,
and physical measures to protect the confidentiality, integrity, and
accessibility of personal data and to reduce reasonably foreseeable risks of
harm to consumers relating to the collection, use, or retention of personal
data.
(7)If a controller processes personal data pursuant to an exemption in this section, the
controller bears the burden of demonstrating that such processing qualifies for the
exemption and complies with the requirements in this section.
(8)Processing personal data for the purposes expressly identified in subsection
(1)of
this section shall not by itself make an entity a controller with respect to such
processing.