Can I sell personal information without obtaining consent in Kansas? What are the requirements?

Based on the context documents, it is generally prohibited to sell personal information without obtaining consent in Kansas. Here are the requirements:

Prohibition on Taking Personal Information When Using a Credit Card

According to 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. Personal identification information means information concerning the cardholder, other than information set forth on the credit card, and including, but not limited to, the cardholder’s address and telephone number.

Requirements for Holders of Personal Information

KSST 50-6,139b requires holders of personal information 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. If federal or state law or regulation governs the procedures and practices of the holder of personal information for such protection of personal information, then compliance with such federal or state law or regulation shall be deemed compliance with this paragraph and failure to comply with such federal or state law or regulation shall be prima facie evidence of a violation of this paragraph.

Social Security Numbers; Disclosure in Public Documents with Personal Information, Prohibited

KSST 75-3520 prohibits the disclosure of an individual’s social security number in public documents that contain personal information, unless required by federal law. Personal information includes name, address, phone number, or e-mail address.

Soliciting for Legal Services, Restrictions Related to Protected Health Information

KSST 50-6,145 prohibits the use, sale, transfer, or disclosure of protected health information for the purpose of soliciting an individual for legal services.

Unlawful Use of Names Derived from Public Records

KSST 45-230 prohibits knowingly selling, giving, or receiving, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from public records, except for certain exceptions.

Procedures for Obtaining Access to or Copies of Records

KSST 45-220 requires public agencies to adopt procedures to be followed in requesting access to and obtaining copies of public records, which procedures shall provide full access to public records, protect public records from damage and disorganization, prevent excessive disruption of the agency’s essential functions, provide assistance and information upon request, and ensure efficient and timely action in response to applications for inspection of public records. A public agency may require a written request for inspection of public records but shall not otherwise require a request to be made in any particular form. Except as otherwise provided by subsection (c), a public agency shall not require that a request contain more information than the requester’s name and address and the information necessary to ascertain the records to which the requester desires access and the requester’s right of access to the records. A public agency may require proof of identity of any person requesting access to a public record. No request shall be returned, delayed, or denied because of any technicality unless it is impossible to determine the records to which the requester desires access.

Local Freedom of Information Officer and Brochure Concerning Public Records

KSST 45-226 requires the governing body of every public agency in Kansas which maintains public records to designate a local freedom of information officer. The local freedom of information officer or the local freedom of information officer’s designee shall prepare and provide educational materials and information concerning the open records act, be available to assist the public agency and members of the general public to resolve disputes relating to the open records act, and respond to inquiries relating to the open records act. KSST 45-227 requires an official custodian to prominently display or distribute or otherwise make available to the public a brochure in the form prescribed by the local freedom of information officer that contains basic information about the rights of a requestor, the responsibilities of a public agency, and the procedures for inspecting or obtaining a copy of public records under the open records act.

In summary, selling personal information without obtaining consent is generally prohibited in Kansas. Holders of personal information must implement reasonable procedures and practices to protect personal information from unauthorized access, use, modification, or disclosure. There are also restrictions on the use of social security numbers and protected health information for soliciting legal services. Public agencies must adopt procedures for obtaining access to or copies of public records, and no request shall be returned, delayed, or denied because of any technicality unless it is impossible to determine the records to which the requester desires access. Public agencies must also designate a local freedom of information officer and provide a brochure containing basic information about the rights of a requestor, the responsibilities of a public agency, and the procedures for inspecting or obtaining a copy of public records under the open records act.

Jurisdiction

Kansas

• Privacy