61.795 Exemptions to prohibition against disclosure of personal information.
633 words·~3 min read·
/ky/chapter-61/61-795A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)KRS 61.791 to 61.799 shall not preclude:
(a)Any report related to campaign financing required by:
1. KRS 121.140;
2. KRS 121.150;
3. KRS 121.160;
4. KRS 121.170;
5. KRS 121.172;
6. KRS 121.180;
7. KRS 121.210; or
8. KRS 121.230;
(b)A response to any lawful warrant for personal information issued by a court of
competent jurisdiction;
(c)A response to a lawful request for discovery of personal information in
litigation if the request is reasonably calculated to lead to the discovery of
admissible evidence. A party from which the personal information is
requested pursuant to this paragraph may seek a protective order from the
court barring the requesting party from disclosure of personal information to
any person not named in the litigation;
(d)Admission of personal information as relevant evidence before a court of
competent jurisdiction. However, no court shall publicly reveal personal
information absent a finding of good cause;
(e)A public agency from releasing personal information that was voluntarily
released by the person or the nonprofit organization to the public;
(f)Collection of information disclosing the identity of any director, officer,
registered agent, or incorporator of a nonprofit organization in any report or
disclosure required by statute to be filed with the Secretary of State, except
that information that directly identifies a person as a donor of financial or in-
kind support to a nonprofit organization shall not be collected or disclosed;
(g)Disclosure of personal information derived from a donation to a nonprofit
organization that is affiliated with a public agency and required by statute,
including the voluntary submission of personal information from a nonprofit
organization to a public agency for verification purposes as a condition of
receiving matching grant funding, if the person has not previously requested
anonymity from the nonprofit organization;
(h)Collection of information by the Attorney General via federal Form 990, as
required by KRS 367.657, except that information that directly identifies a
person as a donor of financial or in-kind support to a nonprofit organization
via federal Form 990, Schedule B, or its successor form, shall not be collected
or disclosed;
(i)Collection of information pursuant to a request by the Attorney General for
information required for an audit, examination, review, or investigation
pursuant to KRS 367.240 or 367.250, provided that such information shall
only be used in connection with the specific audit, examination, review, or
investigation to which the request relates and for any related proceedings,
provided further that any information so collected shall otherwise remain
subject to the provisions of KRS 61.791 to 61.799;
(j)Any disclosures, reports, or investigations pursuant to KRS 6.601 to 6.849 or
KRS Chapter 11A, except that such information shall only be used in
connection with the specific disclosures, reports, or investigations and for any
related proceedings; or
(k)Audit, attestation, examination, investigation, or other review work authorized
under KRS Chapter 43 or pursuant to the express statutory authority granted
to the Office of the Auditor of Public Accounts or performed by a certified
public accountant either under contract with the Auditor of Public Accounts
or pursuant to an engagement declined by the Auditor of Public Accounts,
provided that such information shall only be used in connection with the
specific audit, attestation, examination, investigation, or other review work to
which the request relates.
(2)KRS 61.791 to 61.799 shall not be construed to apply to a:
(a)Nonprofit organization acting as a community action agency pursuant to KRS
273.410 to 273.453; or
(b)National securities association that is registered pursuant to Section 15A of
the Securities Exchange Act of 1934, 15 U.S.C. sec. 78o-3, as amended, or
regulations promulgated thereunder, or any information the national securities
association provides to the Department of Financial Institutions pursuant to
KRS Chapter 292 and the administrative regulations promulgated thereunder.