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Can I skip obtaining consent to sell personal information in Kansas? What are the requirements?

Based on the context documents, you cannot skip obtaining consent to sell personal information in Kansas. The Kansas statute prohibits the taking of personal identification information when using a credit card [2.2]. Violation of this statute is deemed an unconscionable act and is subject to penalties [2.2]. Additionally, a person shall not use, cause to be used, obtain, sell, transfer or disclose to another person without written authorization protected health information for the purpose of soliciting an individual for legal services [2.3]. Violation of this statute constitutes an unlawful and deceptive trade practice and is subject to penalties [2.3].

Requirements for Holders of Personal Information

A holder of personal information is a person who, in the ordinary course of business, collects, maintains or possesses, or causes to be collected, maintained or possessed, the personal information of any other person [2.1]. A holder of personal information shall 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 [2.1]. 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 [2.1].

A holder of personal information shall take reasonable steps to destroy or arrange for the destruction of any records within such holder’s custody or control containing any person’s personal information when such holder no longer intends to maintain or possess such records [2.1]. 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 [2.1].

Local Freedom of Information Officer

The governing body of every public agency in Kansas which maintains public records shall designate a local freedom of information officer [1.2]. 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, respond to inquiries relating to the open records act, and establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise make available to the public under the open records act [1.2].

Civil Penalty

An individual who is aggrieved by a violation of the social security numbers disclosure in public documents with personal information may recover a civil penalty of not more than $1,000 for each violation [3.1]. Each violation of the requirements for holders of personal information shall be an unconscionable act or practice in violation of K.S.A. 50-627, and amendments thereto [2.1]. Each record that is not destroyed in compliance with the requirements for holders of personal information shall constitute a separate unconscionable act within the meaning of K.S.A. 50-627, and amendments thereto [2.1].

Conclusion

To summarize, you cannot skip obtaining consent to sell personal information in Kansas. The holder of personal information must 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. The holder of personal information must take reasonable steps to destroy or arrange for the destruction of any records within such holder’s custody or control containing any person’s personal information when such holder no longer intends to maintain or possess such records. The local freedom of information officer 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, respond to inquiries relating to the open records act, and establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise make available to the public under the open records act.

Source(s):
Jurisdiction

Kansas