KRS § 380.070 — KY Code / Title XXXI / Chapter 380 / Section 380.070
380.070 Debt adjuster to take reasonable measures to protect debtor's personal information
Status: in_force

380.070 Debt adjuster to take reasonable measures to protect debtor's personal

information.

(1) A debt adjuster shall take reasonable measures to:

(a) Ensure the security and confidentiality of a debtor's personal information;

(b) Protect against any anticipated threats or hazards to the security or integrity of

a debtor's personal information; and

(c) Protect against unauthorized access to or use of a debtor's personal

information.

(2) The reasonable measures required by this section shall include, at a minimum:

(a) Design and implementation of a comprehensive information security program

that:

1. Is written in one (1) or more readily accessible parts;

2. Contains administrative, technical, and physical safeguards that are

appropriate to the size and complexity of the debt adjuster, the nature

and scope of the debt adjuster's activities, and the sensitivity of any

personal information at issue;

3. Designates one (1) or more employees to coordinate compliance with

the information security program; and

4. Identifies reasonably foreseeable internal and external risks to the

security, confidentiality, and integrity of the personal information of a

debtor that could result in the unauthorized access to or use of the

information, and assesses the sufficiency of any safeguards in place to

control these risks. At a minimum, the risk assessment required by this

subparagraph shall include consideration of risks in each relevant area of

the debt adjuster's operation, including employee training and

management, information systems, information processing, information

storage, information transmission, information disposal, and detecting,

preventing, and responding to failures to comply with the information

security program.

(b) Design and implementation of information safeguards to control the risks

identified by the risk assessment required by this subsection, as well as regular

testing or other monitoring of the effectiveness of the safeguards of key

controls, systems, and procedures;

(c) Requirements for regular training of employees who will or may have access

to records containing personal information of debtors regarding compliance

with the information security program required by this subsection;

(d) Oversight of service providers to whom personal information of a debtor will

be disclosed, by taking reasonable steps to select and retain service providers

that are capable of maintaining appropriate safeguards for the personal

information at issue, as well as requiring service providers, by contract, to

implement and maintain those safeguards;

(e) Evaluation and adjustment of the information security program in light of the

results of testing and monitoring, any material changes to the operation or

business arrangements of the debt adjuster, or any other circumstances that the

debt adjuster knows or has reason to know may have a material impact on

compliance with the information security program; and

(f) A requirement that when records containing personal information of a debtor

are disposed of the records shall be shredded, erased, or otherwise modified so

the personal information is made unreadable or indecipherable through any

means.