KRS § 367.3611 Definitions for KRS 367.3611 to 367.3629. (Effective until July 1, 2027)

367.3611 Definitions for KRS 367.3611 to 367.3629. (Effective until July 1, 2027) 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. Effective: January 1, 2026 History: Created 2024 Ky. Acts ch. 72, sec. 1, effective January 1, 2026. Legislative Research Commission Note (1/1/2026). Under the authority of KRS 7.136, the reviser of statutes has renumbered the subsections in this statute during codification to place the terms in alphabetical order. The words in the text were not changed.