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Can I skip obtaining consent to disclose personal information for a business purpose in Kansas? What are the requirements?

To disclose personal information for a business purpose in Kansas, you generally need to obtain consent from the individual whose information you want to disclose. However, there are some exceptions to this requirement. Here are some relevant requirements:

  • Inspection of corporation’s income tax return to verify business entity information report [1.2]: The Secretary of State may inspect the annual Kansas income tax returns of any corporation for the purpose of verifying any information contained in the business entity information report filed by such corporation with the Secretary of State. The Secretary of State shall not disclose any information obtained from any such returns, except as may be necessary to commence an appropriate administrative or judicial proceeding against the corporation filing the same.
  • Social security numbers; disclosure in public documents with personal information, prohibited [2.1]: Unless required by federal law, no document available for public inspection or copying shall contain an individual’s social security number if such document contains such individual’s personal information. However, there are some exceptions to this rule, such as documents recorded in the official records of any recorder of deeds of the county or to any documents filed in the official records of the court.
  • Authorization form [4.1]: Pursuant to K.S.A. 65-6826 and amendments thereto, the Kansas department of health and environment’s form titled “authorization to disclose protected health information,” dated August 20, 2012, is hereby adopted by reference.

Requirements for Disclosure

If you are allowed to disclose personal information without consent, you may still need to comply with certain requirements. For example:

  • Civil penalty for unauthorized disclosure of social security numbers [2.1]: An individual who is aggrieved by a violation of the social security number disclosure requirements may recover a civil penalty of not more than $1,000 for each violation.
  • Local freedom of information officer [3.2]: The governing body of every public agency in Kansas which maintains public records shall 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.

Please note that this is not an exhaustive list of all the requirements and exceptions related to disclosing personal information for a business purpose in Kansas. If you have specific questions or concerns, you may want to consult an attorney or contact the Kansas Attorney General’s Office.

Source(s):
Jurisdiction

Kansas