🇺🇸Kentucky Consumer Data Protection Act

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Kentucky Consumer Data Protection Act

Kentucky Consumer Data Protection Act

Kentucky Consumer Data Protection Act is part of the United States state privacy-law framework. It regulates covered processing of personal data about Kentucky residents and must be assessed separately from federal sectoral laws and other states' statutes.

Current official version

Effective status: January 1, 2026

Citation: Ky. Rev. Stat. ss. 367.3611 through 367.3629

Source basis: Current Kentucky Revised Statutes, sections 367.3611 through 367.3629, including 2025 amendments.

Scope and applicability

The Act applies to persons conducting business in Kentucky or targeting Kentucky residents that control or process at least 100,000 consumers, or at least 25,000 consumers while deriving over 50 percent of gross revenue from sale. The current statutes incorporate the 2025 amendments.

Thresholds must be calculated using the law's defined consumer population and lookback period. Exemptions should be recorded at entity, data and processing-activity level; an exemption covering one regulated dataset should not automatically be applied to unrelated marketing, website, workforce or customer-support data.

Consumer rights

Consumers may confirm processing, access, correct and delete personal data, obtain portable data and opt out of targeted advertising, sale and qualifying profiling. Controllers must provide an appeal process.

The operational workflow should authenticate requests without collecting excessive new data, meet the applicable response period, document extensions and denials, propagate deletion and opt-out decisions where required, and preserve evidence of the response and any appeal.

Controller and processor duties

Controllers must minimize collection, limit incompatible uses, secure data, obtain consent for sensitive data, publish notices, contract with processors and perform data protection impact assessments for listed high-risk activities.

Processor agreements should identify instructions, purpose, duration, data types, confidentiality, subprocessor controls, deletion or return, audit information and assistance with rights, security, breach response and assessments to the extent required by the statute.

State-specific point

Use the current KRS rather than the original 2024 act alone. Chapter 13 of the 2025 Acts amended scope and other provisions before the principal January 2026 effective date, and the official site identifies enacted future-version text where applicable.

Enforcement and evidence

The Kentucky Attorney General has exclusive enforcement authority. The Act establishes a consumer privacy fund and does not create a private right of action.

Maintain an applicability memorandum, data map, notice versions, request and appeal logs, consent and opt-out records, processor contracts, assessment records, security evidence and a dated record of the official statutory version used. Recheck the official legislature and regulator sources before each scheduled legal review.

What this means for you

Use a shared multi-state privacy operating model, but configure it for this law's exact scope, exemptions, rights, deadlines, consent rules, opt-out signals, assessment triggers and enforcement provisions. Do not substitute a generic US privacy checklist for the state-specific controls.

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