367.3611 Definitions for KRS 367.3611 to 367.3629.
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/ky/chapter-367/367-3611A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in KRS 367.3611 to 367.3629:
(1)"Affiliate" means a legal entity that controls, is controlled by, or is under common
control with another legal entity or shares common branding with another legal
entity. For the purposes of this definition, "control" or "controlled" means:
(a)Ownership of, or the power to vote, more than fifty percent (50%) of the
outstanding shares of any class of voting security of a company;
(b)Control in any manner over the election of a majority of the directors or of
individuals exercising similar functions; or
(c)The power to exercise controlling influence over the management of a
company;
(2)"Authenticate" means verifying through reasonable means that the consumer
entitled to exercise his or her consumer rights in KRS 367.3615 is the same
consumer exercising such consumer rights with respect to the personal data at issue;
(3)"Biometric data" means data generated by automatic measurements of an
individual's biological characteristics, such as a fingerprint, voiceprint, eye retinas,
irises, or other unique biological patterns or characteristics that are used to identify
a specific individual. Biometric data does not include a physical or digital
photograph, a video or audio recording, or data generated therefrom, unless that
data is generated to identify a specific individual or information collected, used, or
stored for health care treatment, payment, or operations under HIPAA;
(4)"Business associate" has the same meaning as established in 45 C.F.R. sec. 160.103
pursuant to HIPAA;
(5)"Child" has the same meaning as in 15 U.S.C. sec. 6501;
(6)"Consent" means a clear affirmative act signifying a consumer's freely given,
specific, informed, and unambiguous agreement to process personal data relating to
the consumer. Consent may include a written statement, written by electronic
means or any other unambiguous affirmative action;
(7)"Consumer" means a natural person who is a resident of the Commonwealth of
Kentucky acting only in an individual context. Consumer does not include a natural
person acting in a commercial or employment context;
(8)"Controller" means the natural or legal person that, alone or jointly with others,
determines the purpose and means of processing personal data;
(9)"Covered entity" has the same meaning as established in 45 C.F.R. sec. 160.103
pursuant to HIPAA;
(10)"Decisions that produce legal or similarly significant effects concerning a
consumer" means a decision made by a controller that results in the provision or
denial by the controller of financial and lending services, housing, insurance,
education enrollment, criminal justice, employment opportunities, health care
services, or access to basic necessities like food and water;
(11)"De-identified data" means data that cannot reasonably be linked to an identified or
identifiable natural person or a device linked to a person;
(12)"Fund" means the consumer privacy fund established in KRS 367.3629;
(13)"Health care provider" means:
(a)Any health facility as defined in KRS 216B.015;
(b)Any person or entity providing health care or health services, including those
licensed, certified, or registered under, or subject to, KRS 194A.700 to
194A.729 or KRS Chapter 310, 311, 311A, 311B, 312, 313, 314, 314A, 315,
319, 319A, 319B, 319C, 320, 327, 333, 334A, or 335;
(c)The current and former employers, officers, directors, administrators, agents,
or employees of those entities listed in paragraphs
(a)and
(b)of this
subsection; or
(d)Any person acting within the course and scope of his or her office,
employment, or agency relating to a health care provider;
(14)"Health record" means a record, other than for financial or billing purposes, relating
to an individual, kept by a health care provider as a result of the professional
relationship established between the health care provider and the individual;
(15)"HIPAA" means the federal Health Insurance Portability and Accountability Act of
1996, Pub. L. No. 104-191;
(16)"Identified or identifiable natural person" means a person who can be readily
identified directly or indirectly;
(17)"Institution of higher education" means an educational institution which:
(a)Admits as regular students only individuals having a certificate of graduation
from a high school or the recognized equivalent of such a certificate;
(b)Is legally authorized in this state to provide a program of education beyond
high school;
(c)Provides an educational program for which it awards a bachelor's or higher
degree, or provides a program which is acceptable for full credit toward such
a degree, a program of postgraduate or postdoctoral studies, or a program of
training to prepare students for gainful employment in a recognized
occupation; and
(d)Is a public or other nonprofit institution;
(18)"Nonprofit organization" means any incorporated or unincorporated entity that:
(a)Is operating for religious, charitable, or educational purposes; and
(b)Does not provide net earnings to, or operate in any manner that inures to the
benefit of, any officer, employee, or shareholder of the entity;
(19)"Personal data" means any information that is linked or reasonably linkable to an
identified or identifiable natural person. Personal data does not include de-identified
data or publicly available information;
(20)"Precise geolocation data" means information derived from technology, including
but not limited to global positioning system level latitude and longitude coordinates
or other mechanisms, that directly identifies the specific location of a natural person
with precision and accuracy within a radius of one thousand seven hundred fifty
(1,750) feet. Precise geolocation data does not include the content of
communications or any data generated by or connected to advanced utility metering
infrastructure systems or equipment for use by a utility;
(21)"Process" or "processing" means any operation or set of operations performed,
whether by manual or automated means, on personal data or on sets of personal
data, including but not limited to the collection, use, storage, disclosure, analysis,
deletion, or modification of personal data;
(22)"Processor" means a natural or legal entity that processes personal data on behalf of
a controller;
(23)"Profiling" means any form of automated processing performed on personal data to
evaluate, analyze, or predict personal aspects related to an identified or identifiable
natural person's economic situation, health, personal preferences, interests,
reliability, behavior, location, or movements;
(24)"Protected health information" means the same as established in 45 C.F.R. sec.
160.103 pursuant to HIPAA;
(25)"Pseudonymous data" means personal data that cannot be attributed to a specific
natural person without the use of additional information, provided that the
additional information is kept separately and is subject to appropriate technical and
organizational measures to ensure that the personal data is not attributed to an
identified or identifiable natural person;
(26)"Publicly available information" means information that is lawfully made available
through federal, state, or local government records, or information that a business
has a reasonable basis to believe is lawfully made available to the general public
through widely distributed media, by the consumer, or by a person to whom the
consumer has disclosed the information, unless the consumer has restricted the
information to a specific audience;
(27)"Sale of personal data" means the exchange of personal data for monetary
consideration by the controller to a third party. Sale of personal data does not
include:
(a)The disclosure of personal data to a processor that processes the personal data
on behalf of the controller;
(b)The disclosure of personal data to a third party for purposes of providing a
product or service requested by the consumer;
(c)The disclosure or transfer of personal data to an affiliate of the controller;
(d)The disclosure of information that the consumer:
1. Intentionally made available to the general public via a channel of mass
media; and
2. Did not restrict to a specific audience; or
(e)The disclosure or transfer of personal data to a third party as an asset that is
part of a proposed or actual merger, acquisition, bankruptcy, or other
transaction in which the third party assumes control of all or part of the
controller's assets;
(28)"Sensitive data" means a category of personal data that includes:
(a)Personal data indicating racial or ethnic origin, religious beliefs, mental or
physical health diagnosis, sexual orientation, or citizenship or immigration
status;
(b)The processing of genetic or biometric data that is processed for the purpose
of uniquely identifying a specific natural person;
(c)The personal data collected from a known child; or
(d)Precise geolocation data;
(29)"State agency" means all departments, offices, commissions, boards, institutions,
and political and corporate bodies of the state, including the offices of the clerk of
the Supreme Court, clerks of the appellate courts, the several courts of the state, and
the legislature, its committees, or commissions;
(30)"Targeted advertising" means displaying advertisements to a consumer where the
advertisement is selected based on personal data obtained or inferred from that
consumer's activities over time and across nonaffiliated websites or online
applications to predict that consumer's preferences or interests. "Targeted
advertising" does not include:
(a)Advertisements based on activities within a controller's own or affiliated
websites or online applications;
(b)Advertisements based on the context of a consumer's current search query,
visit to a website, or online application;
(c)Advertisements directed to a consumer in response to the consumer's request
for information or feedback; or
(d)Processing personal data solely for measuring or reporting advertising
performance, reach, or frequency;
(31)"Third party" means a natural or legal person, public authority, agency, or body
other than the consumer, controller, processor, or an affiliate of the processor or the
controller; and
(32)"Trade secret" has the same meaning as in KRS 365.880.