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Can I ignore my obligations as a service provider with access to personal information in Kansas? What are the requirements?

Based on the information provided in documents [1.1] and [1.2], as a holder of personal information in Kansas, you cannot ignore your obligations to protect personal information. You are required to implement and maintain reasonable procedures and practices appropriate to the nature of the information, and exercise reasonable care to protect the personal information from unauthorized access, use, modification or disclosure. You are also required to take reasonable steps to destroy or arrange for the destruction of any records within your custody or control containing any person’s personal information when you no longer intend to maintain or possess such records. Such destruction shall be by shredding, erasing or otherwise modifying the personal identifying information in the records to make it unreadable or undecipherable through any means. Failure to comply with these requirements may be considered an unconscionable act or practice in violation of K.S.A. 50-627, and amendments thereto.

Additionally, as per KSST 50-669a, no person, firm, partnership, association or corporation which accepts credit cards for the transaction of business shall require the cardholder, as a condition to accepting the credit card, to write any personal identification information upon the credit card transaction form or otherwise; or provide personal identification information, which the person, firm, partnership, association or corporation accepting the credit card writes, causes to be written, or otherwise records upon the credit card transaction form or otherwise. Violation of this section shall be deemed an unconscionable act as defined by K.S.A. 50-627, and amendments thereto.

Therefore, it is important that you comply with the requirements set forth in K.S.A. 50-6,139b and KSST 50-669a if you are a holder of personal information in Kansas.

Source(s):
Jurisdiction

Kansas