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Can I use customer data for marketing purposes without violating privacy laws in Kentucky? What are the requirements?
Using Customer Data for Marketing Purposes in Kentucky
Kentucky law requires businesses to comply with the requirements for the protection of personally identifiable information when using customer data for marketing purposes [2.2]. Personally identifiable information includes an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when the name or data element is not redacted: Social Security number, driver’s license number, or account number or credit or debit card number, in combination with any required security code, access code, or password to permit access to an individual’s financial account [2.2].
To use customer data for marketing purposes in Kentucky, businesses must ensure that they comply with the requirements for the protection of personally identifiable information. This includes taking appropriate measures to secure customer data and disclosing any breaches of the security of the system to affected residents of Kentucky [2.2].
Additional Requirements for Electronic Dissemination of Third-Party Commercial Recordings or Audiovisual Work
If a business owns or operates a website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual work, and electronically disseminates such recordings or audiovisual works to consumers in Kentucky, they must clearly and conspicuously disclose their true and correct name, physical address, telephone number, and e-mail address on their website or online service in a location readily accessible to a consumer using or visiting the website or online service [1.2].
Conclusion
To use customer data for marketing purposes in Kentucky, businesses must comply with the relevant laws and regulations, including the requirements for the protection of personally identifiable information and the additional requirements for electronic dissemination of third-party commercial recordings or audiovisual work. Additionally, businesses must take appropriate measures to protect customer data and disclose any breaches of the security of the system to affected residents of Kentucky.
Source(s):
- [1.2] Disclosure of ownership information for the electronic dissemination of third-party commercial recordings or audiovisual work – Minimum requirements.
- [2.2] Notification to affected persons of computer security breach involving their unencrypted personally identifiable information.
Jurisdiction
Kentucky