KRS § 367.3611 — KY Code / Title XXIX / Chapter 367 / Section 367.3611
367.3611 Definitions for KRS 367.3611 to 367.3629
Status: in_force

367.3611 Definitions for KRS 367.3611 to 367.3629.

As used in KRS 367.3611 to 367.3629:

(1) "Affiliate" means a legal entity that controls, is controlled by, or is under common

control with another legal entity or shares common branding with another legal

entity. For the purposes of this definition, "control" or "controlled" means:

(a) Ownership of, or the power to vote, more than fifty percent (50%) of the

outstanding shares of any class of voting security of a company;

(b) Control in any manner over the election of a majority of the directors or of

individuals exercising similar functions; or

(c) The power to exercise controlling influence over the management of a

company;

(2) "Authenticate" means verifying through reasonable means that the consumer

entitled to exercise his or her consumer rights in KRS 367.3615 is the same

consumer exercising such consumer rights with respect to the personal data at issue;

(3) "Biometric data" means data generated by automatic measurements of an

individual's biological characteristics, such as a fingerprint, voiceprint, eye retinas,

irises, or other unique biological patterns or characteristics that are used to identify

a specific individual. Biometric data does not include a physical or digital

photograph, a video or audio recording, or data generated therefrom, unless that

data is generated to identify a specific individual or information collected, used, or

stored for health care treatment, payment, or operations under HIPAA;

(4) "Business associate" has the same meaning as established in 45 C.F.R. sec. 160.103

pursuant to HIPAA;

(5) "Child" has the same meaning as in 15 U.S.C. sec. 6501;

(6) "Consent" means a clear affirmative act signifying a consumer's freely given,

specific, informed, and unambiguous agreement to process personal data relating to

the consumer. Consent may include a written statement, written by electronic

means or any other unambiguous affirmative action;

(7) "Consumer" means a natural person who is a resident of the Commonwealth of

Kentucky acting only in an individual context. Consumer does not include a natural

person acting in a commercial or employment context;

(8) "Controller" means the natural or legal person that, alone or jointly with others,

determines the purpose and means of processing personal data;

(9) "Covered entity" has the same meaning as established in 45 C.F.R. sec. 160.103

pursuant to HIPAA;

(10) "Decisions that produce legal or similarly significant effects concerning a

consumer" means a decision made by a controller that results in the provision or

denial by the controller of financial and lending services, housing, insurance,

education enrollment, criminal justice, employment opportunities, health care

services, or access to basic necessities like food and water;

(11) "De-identified data" means data that cannot reasonably be linked to an identified or

identifiable natural person or a device linked to a person;

(12) "Fund" means the consumer privacy fund established in KRS 367.3629;

(13) "Health care provider" means:

(a) Any health facility as defined in KRS 216B.015;

(b) Any person or entity providing health care or health services, including those

licensed, certified, or registered under, or subject to, KRS 194A.700 to

194A.729 or KRS Chapter 310, 311, 311A, 311B, 312, 313, 314, 314A, 315,

319, 319A, 319B, 319C, 320, 327, 333, 334A, or 335;

(c) The current and former employers, officers, directors, administrators, agents,

or employees of those entities listed in paragraphs (a) and (b) of this

subsection; or

(d) Any person acting within the course and scope of his or her office,

employment, or agency relating to a health care provider;

(14) "Health record" means a record, other than for financial or billing purposes, relating

to an individual, kept by a health care provider as a result of the professional

relationship established between the health care provider and the individual;

(15) "HIPAA" means the federal Health Insurance Portability and Accountability Act of

1996, Pub. L. No. 104-191;

(16) "Identified or identifiable natural person" means a person who can be readily

identified directly or indirectly;

(17) "Institution of higher education" means an educational institution which:

(a) Admits as regular students only individuals having a certificate of graduation

from a high school or the recognized equivalent of such a certificate;

(b) Is legally authorized in this state to provide a program of education beyond

high school;

(c) Provides an educational program for which it awards a bachelor's or higher

degree, or provides a program which is acceptable for full credit toward such

a degree, a program of postgraduate or postdoctoral studies, or a program of

training to prepare students for gainful employment in a recognized

occupation; and

(d) Is a public or other nonprofit institution;

(18) "Nonprofit organization" means any incorporated or unincorporated entity that:

(a) Is operating for religious, charitable, or educational purposes; and

(b) Does not provide net earnings to, or operate in any manner that inures to the

benefit of, any officer, employee, or shareholder of the entity;

(19) "Personal data" means any information that is linked or reasonably linkable to an

identified or identifiable natural person. Personal data does not include de-identified

data or publicly available information;

(20) "Precise geolocation data" means information derived from technology, including

but not limited to global positioning system level latitude and longitude coordinates

or other mechanisms, that directly identifies the specific location of a natural person

with precision and accuracy within a radius of one thousand seven hundred fifty

(1,750) feet. Precise geolocation data does not include the content of

communications or any data generated by or connected to advanced utility metering

infrastructure systems or equipment for use by a utility;

(21) "Process" or "processing" means any operation or set of operations performed,

whether by manual or automated means, on personal data or on sets of personal

data, including but not limited to the collection, use, storage, disclosure, analysis,

deletion, or modification of personal data;

(22) "Processor" means a natural or legal entity that processes personal data on behalf of

a controller;

(23) "Profiling" means any form of automated processing performed on personal data to

evaluate, analyze, or predict personal aspects related to an identified or identifiable

natural person's economic situation, health, personal preferences, interests,

reliability, behavior, location, or movements;

(24) "Protected health information" means the same as established in 45 C.F.R. sec.

160.103 pursuant to HIPAA;

(25) "Pseudonymous data" means personal data that cannot be attributed to a specific

natural person without the use of additional information, provided that the

additional information is kept separately and is subject to appropriate technical and

organizational measures to ensure that the personal data is not attributed to an

identified or identifiable natural person;

(26) "Publicly available information" means information that is lawfully made available

through federal, state, or local government records, or information that a business

has a reasonable basis to believe is lawfully made available to the general public

through widely distributed media, by the consumer, or by a person to whom the

consumer has disclosed the information, unless the consumer has restricted the

information to a specific audience;

(27) "Sale of personal data" means the exchange of personal data for monetary

consideration by the controller to a third party. Sale of personal data does not

include:

(a) The disclosure of personal data to a processor that processes the personal data

on behalf of the controller;

(b) The disclosure of personal data to a third party for purposes of providing a

product or service requested by the consumer;

(c) The disclosure or transfer of personal data to an affiliate of the controller;

(d) The disclosure of information that the consumer:

1. Intentionally made available to the general public via a channel of mass

media; and

2. Did not restrict to a specific audience; or

(e) The disclosure or transfer of personal data to a third party as an asset that is

part of a proposed or actual merger, acquisition, bankruptcy, or other

transaction in which the third party assumes control of all or part of the

controller's assets;

(28) "Sensitive data" means a category of personal data that includes:

(a) Personal data indicating racial or ethnic origin, religious beliefs, mental or

physical health diagnosis, sexual orientation, or citizenship or immigration

status;

(b) The processing of genetic or biometric data that is processed for the purpose

of uniquely identifying a specific natural person;

(c) The personal data collected from a known child; or

(d) Precise geolocation data;

(29) "State agency" means all departments, offices, commissions, boards, institutions,

and political and corporate bodies of the state, including the offices of the clerk of

the Supreme Court, clerks of the appellate courts, the several courts of the state, and

the legislature, its committees, or commissions;

(30) "Targeted advertising" means displaying advertisements to a consumer where the

advertisement is selected based on personal data obtained or inferred from that

consumer's activities over time and across nonaffiliated websites or online

applications to predict that consumer's preferences or interests. "Targeted

advertising" does not include:

(a) Advertisements based on activities within a controller's own or affiliated

websites or online applications;

(b) Advertisements based on the context of a consumer's current search query,

visit to a website, or online application;

(c) Advertisements directed to a consumer in response to the consumer's request

for information or feedback; or

(d) Processing personal data solely for measuring or reporting advertising

performance, reach, or frequency;

(31) "Third party" means a natural or legal person, public authority, agency, or body

other than the consumer, controller, processor, or an affiliate of the processor or the

controller; and

(32) "Trade secret" has the same meaning as in KRS 365.880.