Law / United States / 
Kentucky
Kentucky Consumer Data Protection Act, consumer rights
In force since .
A data subject rights rule binding private bodies.
- Audit expectation
- none
What it requires
- Give a Kentucky consumer a means to confirm whether you process their personal data, access it, correct it, delete it, and receive a portable copy.NIST Privacy FrameworkCT.PO-P3
- Offer a Kentucky consumer an opt-out of targeted advertising, the sale of personal data, and significant-effect profiling.NIST Privacy FrameworkCT.PO-P3
- Respond to a consumer rights request without undue delay and within 45 days of receipt, with one 45-day extension available, and decide an appeal within 60 days of receipt.NIST Privacy FrameworkCT.PO-P3NIST Privacy FrameworkGV.MT-P7
These lines are LexLint's reading of the law's text. Also read by: Office of the Kentucky Attorney General (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- GV.MT-P7Policies, processes, and procedures for receiving, tracking, and responding to complaints, concerns, and questions from individuals about organizational privacy practices are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.ag.ky.gov/about/Office-Divisions/ODP/KCDPA/Pages/default.aspx
- Guidance body
- Office of the Kentucky Attorney General
- Open questions
- Does a request that is 'technically infeasible' under KRS 367.3615(3)(c) let a controller decline to act on, or charge a fee for, a deletion request that its systems cannot carry out, or does the term reach only the form in which a copy of the data is delivered?
What it makes you log
Logging duty
The section sets a 45-day response period, a duty to give the reasons for declining a request and an appeal process with a written answer within 60 days. These are communications to the consumer, not a log or a record the controller must keep. Retaining a record of a deletion request in subsection (3)(e)1 is one of two routes to be deemed compliant, an option and not a duty. The controller's burden of demonstrating that a request is excessive concerns the request, not a record of processing. The section has no scope clause of its own.
- Kind
- None
- As of
What this law does
KCDPA gives a Kentucky consumer the right to confirm and access their personal data, correct inaccuracies, delete data, obtain a portable copy, and opt out of targeted advertising, the sale of personal data, and significant-effect profiling.
A controller must respond without undue delay and in all cases within 45 days of receipt, with one 45-day extension available when reasonably necessary, and must decide an appeal of a denial within 60 days, after which the consumer may complain to the Attorney General.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions or processes personal data.
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