Law / United States / Kentucky

School district data security and breach procedures: annual board acknowledgement and breach notice to the Department of Education

702 KAR 1:170

In force since .

A breach notification rule binding government bodies.

Obligation class
Security, Breach notice, Governance
Audit expectation
none

What it requires

  • If you are a public school district, review and consider the Department of Education's most recent best practice guidance for personal information reasonable security, including the Data Security and Breach Notification Best Practice Guide, and acknowledge to your local board at a public board meeting prior to August 31 of each year that you have reviewed it and implemented the best practices that meet your district's needs (702 KAR 1:170 sec. 3).
  • If you determine or are notified of a security breach relating to personal information collected, maintained or stored by the district or by a nonaffiliated third party on its behalf, notify the Department of Education as KRS 61.933 requires, following the procedure in the Data Security and Breach Notification Best Practice Guide (702 KAR 1:170 sec. 5).

These lines are LexLint's reading of the law's text.

What record it asks for

Logging duty

A district has to acknowledge its review of the best practice guidance to its local board each year and notify the Department of Education of a breach. The regulation requires no log, no retention period and no territorial hook, and the notice is a notification, not a review of a record.

Kind
None
As of

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

The Kentucky Board of Education promulgated the regulation under KRS 61.932(1)(b), which requires it to establish requirements and standards for the reasonable security and breach investigation procedures and practices of public school districts. Each public school district must review and consider the most recent best practice guidance for personal information reasonable security.

Each district must acknowledge to its own local board during a public board meeting prior to August 31 of each year that the district has reviewed the guidance and implemented the best practices that meet the needs of personal information reasonable security in that district. School districts are not required to adopt the security practices included in the guidance.

A public school district that determines or is notified of a security breach relating to personal information it or a nonaffiliated third party on its behalf collects, maintains, or stores must notify the Department of Education as KRS 61.933 requires. The regulation took effect on .

When LexLint raises it

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