Kentucky Privacy laws & HR compliance analysis

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 (McCall v. Courier-Journal & Louisville Times Co., 623 S.W.2d 882 (Ky. 1981)).
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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).
Kentucky’s security breach law became effective July 15, 2014. It provides that all “information holders” (defined to include any person or business entity that conducts business in the state) must disclose any “breach of the security of the system,” following discovery or notification of the breach in the security of the data, to any resident of Kentucky whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person (KY Rev. Stat. Sec. 365.732). Such disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Additionally, information holders that maintain, but do not own, computerized data that includes personally identifiable information shall notify the owner or licensee of the information of any breach of the security of the data as soon as reasonably ...

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