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Can I store personal information about my customers in Kentucky? What are the requirements?

Personal Information Storage Requirements in Kentucky

If you are planning to store personal information about your customers in Kentucky, you must comply with the state’s data protection laws. Kentucky has not enacted a comprehensive data protection law, but it has several laws that regulate the collection, use, and disclosure of personal information.

Under Kentucky law, businesses that collect personal information must take reasonable steps to protect that information from unauthorized access, use, or disclosure [1.1]. Additionally, businesses that own or operate a website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual work, directly or indirectly, and who electronically disseminates such recordings or audiovisual works to consumers in this state shall clearly and conspicuously disclose his or her true and correct name, physical address, telephone number, and e-mail address on his or her Web site or online service in a location readily accessible to a consumer using or visiting the Web site or online service [1.1].

If you plan to use automated calling equipment to call telephone numbers in Kentucky, you must first obtain a permit from the Attorney General and comply with certain requirements, including obtaining a surety bond [1.3].

If you are a retailer/lessor leasing or renting tangible personal property or digital property within Kentucky, you are required to collect the sales tax from the customer/lessee [2.1]. Every out-of-state retailer leasing or renting tangible personal property or digital property for storage, use or other consumption in this state shall be required to collect the use tax from the purchaser and remit the tax on gross lease or rental receipts to the Department of Revenue [2.1].

In general, the public records of all administrative agencies of the Kentucky State Government are open for inspection by any person in accordance with the procedures established by the administrative regulation [3.2][3.3].

Additionally, businesses that offer a business opportunity and make representations that are false, misleading, or deceptive shall be liable to the consumer/investor of such business opportunity in an amount equal to the sum of his actual damages or fifteen hundred dollars ($1,500), whichever is greater, as well as the cost of the action together with reasonable attorney’s fees, as determined by the court. Such businesses must furnish a bond by a surety company authorized to do business in the Commonwealth or establish a full cash certificate of deposit with a licensed and insured bank or savings institution located in the Commonwealth to insure the veracity of all statements contained in the registration. The amount of the bond or certificate of deposit shall be in an amount equal to the total amount of the initial payments under all business opportunity agreements the offeror has entered into in the Commonwealth during the previous year but in no case shall the amount be less than seventy-five thousand dollars ($75,000) [1.2].

In summary, while Kentucky does not have a comprehensive data protection law, businesses that collect personal information must take reasonable steps to protect that information from unauthorized access, use, or disclosure. Additionally, businesses that own or operate a website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual work must disclose certain information on their website. If you plan to use automated calling equipment to call telephone numbers in Kentucky, you must first obtain a permit from the Attorney General and comply with certain requirements, including obtaining a surety bond. Finally, if you are a retailer/lessor leasing or renting tangible personal property or digital property within Kentucky, you are required to collect the sales tax from the customer/lessee. Businesses offering a business opportunity must furnish a bond or establish a full cash certificate of deposit to insure the veracity of all statements contained in the registration.

Source(s):
Jurisdiction

Kentucky