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

Obligations as a Service Provider with Access to Personal Information in Kentucky

As a service provider with access to personal information in Kentucky, you cannot ignore your obligations. Kentucky Revised Statutes (KRS) Chapter 367 outlines several requirements that you must comply with.

Under KRS 367.46987, any merchant, caller, or other person who uses electronic equipment within Kentucky for purposes of telephone solicitation shall be deemed to have accepted the provisions of KRS 367.46951 to 367.46999 and of KRS Chapter 526. This means that if you are using electronic equipment for telephone solicitation, you must comply with the provisions of these statutes.

KRS 367.46955 outlines prohibited telephone solicitation acts and practices. It is a violation of KRS 367.46951 to 367.46999 for any person making a telephone solicitation through telecommunications services or interconnected Voice over Internet Protocol or VoIP service to engage in certain conduct. This includes making a telephone solicitation to anyone under eighteen (18) years of age, making a telephone solicitation call to a person who has stated previously that they do not wish to receive solicitation calls from that seller, and engaging in any unfair, false, misleading, or deceptive practice or act as part of a telephone solicitation.

Additionally, KRS 304.11-040 outlines the requirements for service of process on unauthorized persons doing acts of insurance business in Kentucky. No person or insurer shall directly or indirectly perform any of the acts of doing an insurance business as defined in KRS 304.11-020 to 304.11-050, inclusive, except as provided by and in accordance with the specific authorization by statute. If any unauthorized person or insurer performs any act of doing an insurance business as set forth in KRS 304.11-020 to 304.11-050, inclusive, it shall be equivalent to doing an insurance business in Kentucky and shall be subject to the provisions of KRS Chapter 304.

Disclosure of Confidential Information

KYRS 304.47-055 outlines the confidentiality of documents, materials, or other information in the possession or control of the commissioner. These documents, materials, or other information shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action, unless, after notice to the commissioner and a hearing, a court of competent jurisdiction determines the commissioner would not be unnecessarily hindered. However, the commissioner may use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner’s official duties.

Conclusion

As a service provider with access to personal information in Kentucky, you cannot ignore your obligations. You must comply with the provisions of KRS Chapter 367 and KRS Chapter 304. Additionally, KYRS 304.47-055 outlines the confidentiality of documents, materials, or other information in the possession or control of the commissioner.

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Kentucky

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