Kentucky Consumer Data Protection Act (KCDPA)
简称：KCDPA
法规简介
与弗吉尼亚VCDPA框架相似，但有一些独特之处。有30天治愈期（无到期日）。适用门槛：处理100,000+消费者数据或25,000+消费者且靠数据销售占收入50%+。赋予消费者访问、删除、更正、可携权和opt-out权利（包括出售和定向广告opt-out）。要求对敏感数据进行opt-in同意。与其他州不同的是，规定消费健康数据需满足额外保护条件。总检察长独家执法。
House Bill 15
| Last Action | 04/04/24: signed by Governor (Acts Ch. 72) |
|---|---|
| Title | AN ACT relating to consumer data privacy and making an appropriation therefor. |
| Bill Documents |
Acts Chapter 72
Current/Final Introduced |
| Fiscal Impact Statement | Fiscal Note |
| Bill Request Number | 1076 |
| Sponsors | J. Branscum, S. Rudy, J. Bray, B. Chester-Burton, D. Elliott, D. Frazier Gordon, K. Upchurch, N. Wilson |
| Summary of Enacted Version | Creates new sections of KRS Chapter 367 to establish consumer rights relating to personal data; defines terms; exempts certain persons or entities from the statutory provisions of this Act; establishes certain consumer rights relating to personal data, including the rights to confirm whether data is being processed, to correct any inaccuracies in the consumer’s personal data, to delete personal data provided by the consumer, to obtain a copy of the consumer’s personal data that was previously provided, and to opt out of targeted advertising, the sale of data, or profiling of the consumer; sets forth requirements for persons or entities that control and process consumer data; establishes that the Attorney General has exclusive authority to enforce the consumer data privacy rights; creates a consumer privacy fund to be administered by the Office of the Attorney General; and provides that the Act may be cited as the Kentucky Consumer Data Protection Act. EFFECTIVE January 1, 2026. |
| Summary of Original Version | Create new sections of KRS Chapter 367 to establish consumer rights relating to personal data; define terms; exempt certain persons or entities from the statutory provisions of this Act; establish certain consumer rights relating to personal data, including the rights to confirm whether data is being processed, to correct any inaccuracies in the consumer's personal data, to delete personal data provided by the consumer, to obtain a copy of the consumer's personal data that was previously provided, and to opt out of targeted advertising, the sale of data, or profiling of the consumer; set forth requirements for persons or entities that control and process consumer data; establish that the Attorney General has exclusive authority to enforce the consumer data privacy rights; create a consumer privacy fund to be administered by the Office of the Attorney General; EFFECTIVE January 1, 2026. |
| Index Headings of Original Version |
Data Processing - Personal data protection, consumer data privacy rights, sale of data, opt-out requirement Effective Dates, Delayed - Personal data protection, data privacy rights, January 1, 2026 Trade Practices and Retailing - Personal data protection, consumer data privacy rights, sale of data, opt-out requirement Appropriations - Consumer privacy fund, Office of the Attorney General Attorney General - Consumer data privacy rights, enforcement Attorney General - Personal data protection, data privacy rights, consumer privacy fund Consumer Affairs - Personal data protection, consumer data privacy rights, sale of data, opt-out requirement Fiscal Note - Personal data protection, data pricacy rights, consumer privacy fund |
| Jump to Proposed Amendments |
House Floor Amendment 1 Senate Floor Amendment 1 Senate Floor Amendment 2 |
| Votes | Vote History |
Actions
| 02/02/24 |
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| 02/06/24 |
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| 02/14/24 |
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| 02/15/24 |
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| 02/16/24 |
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| 02/20/24 |
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| 02/21/24 |
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| 02/23/24 |
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| 02/29/24 |
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| 03/01/24 |
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| 03/04/24 |
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| 03/05/24 |
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| 03/07/24 |
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| 03/11/24 |
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| 03/12/24 |
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| 03/25/24 |
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| 03/27/24 |
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| 04/04/24 |
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| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | S. Rudy |
| Summary | Amend data and information exemptions to include data processed by an affiliate of a utility or a holding company system organized specifically for the purpose of providing goods or services to a utility and personal data collected and used for purposes of federal policy under the Combat Methamphetamine Epidemic Act of 2005; make technical changes to division of sections. |
| Index Headings |
Data Processing - Personal Data Privacy, data and information exemption Trade Practices and Retailing - Personal Data Privacy, data and information exemption Attorney General - Personal Data Privacy, data and information exemption Consumer Affairs - Personal Data Privacy, data and information exemption |
| Amendment | Senate Floor Amendment 1 |
|---|---|
| Sponsor | W. Westerfield |
| Summary | Retain original provisions, except amend to specify that the Act shall not apply to the processing of personal data by a person in the course of a purely personal or household activity. |
| Index Headings |
Data Processing - Personal Data Privacy, data processed, personal or household activity Trade Practices and Retailing - Personal Data Privacy, data processed, personal or household activity Attorney General - Personal Data Privacy, data processed, personal or household activity Consumer Affairs - Personal Data Privacy, data processed, personal or household activity |
| Amendment | Senate Floor Amendment 2 |
|---|---|
| Sponsor | W. Westerfield |
| Summary | Retain original provisions, except provide that the Act may be cited as the Kentucky Consumer Data Protection Act. |
| Index Headings |
Attorney General - Personal Data Privacy, Kentucky Consumer Data Protection Act Consumer Affairs - Personal Data Privacy, Kentucky Consumer Data Protection Act Data Processing - Personal Data Privacy, Kentucky Consumer Data Protection Act Trade Practices and Retailing - Personal Data Privacy, Kentucky Consumer Data Protection Act |
Last updated: 9/26/2024 1:37 PM (EDT)
