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. § 391.170).
Social Security numbers (SSNs). An applicant for a motor vehicle title cannot be required to provide his or her SSN as part of the application process (Ky. Rev. Stat. § 186A.060). A commercial driver's instruction permit and license must not contain the operator's SSN (Ky. Rev. Stat. §§ 281A.120, 281A.170).
In addition, the collection of data by healthcare providers about individual patients must not include a patient's SSN. Any person who receives information identifying a patient through error or other means must immediately return all copies of the information (Ky. Rev. Stat. § 216.2927).
Subject to certain exceptions, state universities and colleges must keep student academic records confidential and may not require a student's SSN to identify the student (KKy. Rev. Stat. § 164.283).
Disposal of records. 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 ...

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