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Kentucky Consumer Data Protection Act: Safeguarding Privacy Rights


As of April 4, 2024, Kentucky has joined the growing list of states that have enacted their own privacy law. Effective January 1, 2026, the Kentucky Consumer Data Protection Act pertains to individuals engaging in business activities within Kentucky or creating goods or services aimed at residents of Kentucky (consumers) over the course of a calendar year that:

  • Manage or handle personal information from a minimum of 100,000 consumers.
  • Handle or manage personal information from at least 25,000 consumers while generating more than half of total revenue from the sale of personal data.

Similar to privacy regulations in other states, the KCDPA grants consumers the entitlement to:

  • Verify if a controller is handling personal data and to obtain access to such data.
  • The right to rectify inaccuracies in the personal data of the consumer.
  • The right to remove personal data supplied by or acquired about the consumer.
  • The right to receive a portable copy of their personal data to the extent possible and without disclosing proprietary information.
  • The right to decline data processing for targeted advertising, personal data sales, or profiling leading to significant decisions affecting the consumer’s legal status or similar ramifications.

The exempt entities under the KCDPA largely mirror those found in other state privacy statutes, including state and municipal agencies, financial institutions and their affiliates regulated by the Gramm-Leach-Bliley Act, entities covered by the Health Insurance Portability and Accountability Act (HIPAA), non-profit organizations, and colleges and universities.

Exclusively overseen by the Kentucky Attorney General, the KCDPA does not grant individuals the right to pursue legal action independently. The AG has the authority to pursue damages amounting to a maximum of $7,500 per violation. Companies are given a 30-day window to rectify any violations before enforcement action is initiated, with no expiration date on this opportunity, unlike some provisions in other state privacy statutes.

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