KRS § 61.931 — KY Code / Title VIII / Chapter 61 / Section 61.931
61.931 Definitions for KRS 61.931 to 61.934
Status: in_force

61.931 Definitions for KRS 61.931 to 61.934.

As used in KRS 61.931 to 61.934:

(1) "Agency" means:

(a) The executive branch of state government of the Commonwealth of Kentucky;

(b) Every county, city, municipal corporation, urban-county government, charter

county government, consolidated local government, and unified local

government;

(c) Every organizational unit, department, division, branch, section, unit, office,

administrative body, program cabinet, bureau, board, commission, committee,

subcommittee, ad hoc committee, council, authority, public agency,

instrumentality, interagency body, special purpose governmental entity, or

public corporation of an entity specified in paragraph (a) or (b) of this

subsection or created, established, or controlled by an entity specified in

paragraph (a) or (b) of this subsection;

(d) Every public school district in the Commonwealth of Kentucky; and

(e) Every public institution of postsecondary education, including every public

university in the Commonwealth of Kentucky and public college of the entire

Kentucky Community and Technical College System;

(2) "Commonwealth Office of Technology" means the office established by KRS

42.724;

(3) "Encryption" means the conversion of data using technology that:

(a) Meets or exceeds the level adopted by the National Institute of Standards

Technology as part of the Federal Information Processing Standards: and

(b) Renders the data indecipherable without the associated cryptographic key to

decipher the data;

(4) "Law enforcement agency" means any lawfully organized investigative agency,

sheriff's office, police unit, or police force of federal, state, county, urban-county

government, charter county, city, consolidated local government, unified local

government, or any combination of these entities, responsible for the detection of

crime and the enforcement of the general criminal federal and state laws;

(5) "Nonaffiliated third party" means any person that:

(a) Has a contract or agreement with an agency; and

(b) Receives personal information from the agency pursuant to the contract or

agreement;

(6) "Personal information" means an individual's first name or first initial and last

name; personal mark; or unique biometric or genetic print or image, in combination

with one (1) or more of the following data elements:

(a) An account number, credit card number, or debit card number that, in

combination with any required security code, access code, or password, would

permit access to an account;

(b) A Social Security number;

(c) A taxpayer identification number that incorporates a Social Security number;

(d) A driver's license number, state identification card number, or other individual

identification number issued by any agency;

(e) A passport number or other identification number issued by the United States

government; or

(f) Individually identifiable health information as defined in 45 C.F.R. sec.

160.103, except for education records covered by the Family Educational

Rights and Privacy Act, as amended, 20 U.S.C. sec. 1232g;

(7) (a) "Public record or record," as established by KRS 171.410, means all books,

papers, maps, photographs, cards, tapes, disks, diskettes, recordings, and other

documentary materials, regardless of physical form or characteristics, which

are prepared, owned, used, in the possession of, or retained by a public

agency.

(b) "Public record" does not include any records owned by a private person or

corporation that are not related to functions, activities, programs, or operations

funded by state or local authority;

(8) "Reasonable security and breach investigation procedures and practices" means data

security procedures and practices developed in good faith and set forth in a written

security information policy; and

(9) (a) "Security breach" means:

1. The unauthorized acquisition, distribution, disclosure, destruction,

manipulation, or release of unencrypted or unredacted records or data

that compromises or the agency or nonaffiliated third party reasonably

believes may compromise the security, confidentiality, or integrity of

personal information and result in the likelihood of harm to one (1) or

more individuals; or

2. The unauthorized acquisition, distribution, disclosure, destruction,

manipulation, or release of encrypted records or data containing personal

information along with the confidential process or key to unencrypt the

records or data that compromises or the agency or nonaffiliated third

party reasonably believes may compromise the security, confidentiality,

or integrity of personal information and result in the likelihood of harm

to one (1) or more individuals.

(b) "Security breach" does not include the good-faith acquisition of personal

information by an employee, agent, or nonaffiliated third party of the agency

for the purposes of the agency if the personal information is used for a

purpose related to the agency and is not subject to unauthorized disclosure.