Kentucky Privacy: What you need to know

Kentucky recognizes the legal claim of invasion of privacy. There are four separate claims for invasion of privacy:
• Intrusion upon solitude or seclusion;
• Unreasonable publicity given to one's private life;
• Publicity that places one in a false light in the public eye; and
• Appropriation of one's name or likeness (Bowling v. Bowling, 1992 U.S. App. LEXIS 18505 (6th Cir. Ky. July 30, 1992)).
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In addition, Kentucky law expressly recognizes that a person has property rights in his or her name and likeness that are entitled to protection from commercial exploitation. This right does not expire upon death (KY Rev. Stat. Sec. 391.170).
Identity theft is a crime in Kentucky. A person is guilty of identity theft when he or she knowingly possesses or uses any current or former identifying information of another person with the intent to represent that he or she is that other person for the purpose of:
• Depriving the other person of property;
• Obtaining benefits or property to which he or she would not otherwise be entitled;
• Making financial or credit transactions using the other person's identity;
• Avoiding detection; or
• Gaining commercial or political benefit (KY Rev. Stat. Sec. 514.160).
All businesses, when disposing of any customer records, must take reasonable steps to destroy or arrange for the destruction of the portions of the records containing personally identifiable information by shredding, erasing, or otherwise modifying the personal information to make it unreadable or indecipherable. The law does not apply to banks, credit unions, and savings associations as defined by federal law or savings and loan associations as defined by Kentucky law (KY Rev. Stat. Sec. ...

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Kentucky Privacy Resources

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