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Data Rights RequestsKentucky Introduces an Opt-Out of Sale of Personal Information Legislation
On February 9, 2021, Kentucky legislature introduced an Act Relating to Consumer Privacy of Personal Information (H 408) which would provide state residents with a right to opt of out of sale of their personal information.
Specifically, consumers would have a right, at any time, to submit a verified request to a business directing the business not to sell their personal information the business has collected about them. Kentucky businesses would be required to provide a notice to consumers that their personal information may be sold and that they have a right to opt of its sale, as well as a CCPA-like “Do Not Sell My Personal Information” link on the business’s homepage. The term “sale” is also defined broadly similarly to the CCPA. Businesses would be required to comply with the opt-out requests within 60 days and would be prohibited from discriminating against consumers based on their exercise of the opt-out right.
Consumers would also be permitted to review and make changes to their personal information but only if the information was collected on business’s website or other online services.
In addition, businesses would be required to disclose to consumers whose personal information is collected through the website or other online services, the categories of personal information collected, the purposes for which information may be used, and the categories of third parties with whom the business may share such personal information. Businesses would also be required to disclose whether third parties may collect personal information about an individual consumer’s online activities over time and across different websites.
The State Attorney General would have the exclusive authority to enforce the Act. Businesses that violate its provisions could be subject to an injunction and a civil penalty up to $5,000 for each violation.
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