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Can I use customer data for marketing purposes without violating privacy laws in Kansas? What are the requirements?
Using Customer Data for Marketing Purposes in Kansas
In Kansas, the use of customer data for marketing purposes is subject to privacy laws. The Kansas Student Data Privacy Act (KSST 72-6314) and the Kansas Health Care Data Privacy Act (KSST 65-6804) are two relevant laws that regulate the use and disclosure of personal information.
Under KSST 72-6314, any student data submitted to and maintained by a statewide longitudinal student data system shall only be disclosed by an educational agency in accordance with the provisions of this section. An educational agency shall provide annual written notice to each student’s parent or legal guardian that student data may be disclosed in accordance with this section. Such notice shall be signed by the student’s parent or legal guardian and maintained on file with the district.
Under KSST 65-6804, data and other information collected pursuant to this act shall not be disclosed by the department of health and environment or made public in any manner that would identify individuals. A violation of this subsection (d) is a class C misdemeanor. In addition to such criminal penalty under subsection (d), any individual whose identity is revealed in violation of subsection (d) may bring a civil action against the responsible person or persons for any damages to such individual caused by such violation.
In addition, KSST 50-7a02 requires that a person that conducts business in Kansas or a government, governmental subdivision, or agency that owns or licenses computerized data that includes personal information shall, when it becomes aware of any breach of the security of the system, conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused. If the investigation determines that the misuse of information has occurred or is reasonably likely to occur, the person or government, governmental subdivision, or agency shall give notice as soon as possible to the affected Kansas resident.
Therefore, to use customer data for marketing purposes in Kansas, businesses must comply with the relevant privacy laws and ensure that personal information is not disclosed without proper authorization. It is recommended that businesses consult with legal counsel to ensure compliance with applicable privacy laws.
Source(s):
Jurisdiction
Kansas