KY HB15 Brings Comprehensive Privacy Law

What is KY HB15?

On April 4th, 2024, Kentucky signed KY HB15 into law, establishing a comprehensive privacy law for the state. This new law will take effect on January 1st, 2026, and grants Kentucky residents control over their personal data. Here's a breakdown of the key points:

Impact on Businesses: Businesses “doing business” in Kentucky or targeting Kentucky residents may need to comply, especially if they:

Control or process data of at least 100,000 Kentucky residents.
Control or process data of at least 25,000 residents and derive over 50% of revenue from data sales.

Defining “Personal Data”: KY HB15 defines “personal data” broadly as any information linked to an identifiable person, including names, emails, addresses, and IP addresses.

Resident Privacy Rights: Residents can:

Access and correct their personal data.
Request deletion or portability of their data.
Opt-out of targeted advertising and data sales.
Not be discriminated against for exercising these rights.

Business Obligations: Businesses must:

Respect resident privacy rights.
Maintain a comprehensive Privacy Policy outlining data practices and consumer rights.
Respond to data requests within 45 days (extendable).
Implement procedures for handling appeals of privacy decisions.

Penalties for Non-Compliance: Violations can result in fines of up to $7,500 per incident.

Why It Matters to MSPs

The arrival of KY HB15 presents both challenges and opportunities for MSPs. Here's why you should be aware of this new law:

Client Impact: Many of your clients may fall under KY HB15's compliance requirements.
Trusted Advisor Role: By understanding KY HB15, you can position yourself as a trusted advisor, helping clients navigate compliance and avoid potential penalties.

Service Opportunities: KY HB15 creates service opportunities for MSPs. You can offer:

Compliance Assessments: Help clients assess their data collection practices and determine compliance needs.
Privacy Policy Review and Updates: Ensure clients' Privacy Policies are compliant with KY HB15.
Data Management Solutions: Advise clients on data management solutions to facilitate compliance.

By staying ahead of the curve on privacy regulations like KY HB15, MSPs can become invaluable partners for their clients, ensuring their businesses are compliant and protected.