Law / United States / 
Kansas
Kansas Breach Notification Act, enforcement
In force since .
An enforcement supervision rule binding public and private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Expect a violation of the Kansas Breach Notification Act to be enforced by the Attorney General, or, for an insurance company, solely by the Insurance Commissioner, never by a private plaintiff.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does the attorney general or the insurance commissioner enforce K.S.A. 50-7a02 against an insurance agent or producer, as distinct from an 'insurance company licensed to do business in this state', under K.S.A. 50-7a02(g) and (h)?
What it makes you log
Logging duty
Subsections (g) and (h) give the Attorney General (and, for a licensed insurance company, the insurance commissioner) power to bring or conduct enforcement of the breach-notice section. They impose no duty to keep a log or record, give no power to demand one, and name no audit. The "conducts business in this state" scope of subsection (a) sits outside the subsections this row cites, so this row carries no territorial hook.
- Kind
- None
- As of
What this law does
The Kansas Attorney General may bring an action in law or equity to address a violation of the Breach Notification Act, except that a violation by an insurance company is enforced solely by the Insurance Commissioner. No provision creates a private right of action, and no clause deems a violation an unfair trade practice under the Kansas Consumer Protection Act, K.S.A. 50-626, which is a freestanding backstop with no textual link to this Act.
When LexLint raises it
When your app profile says your app processes personal data.
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