Kentucky's Consumer Data Protection Act (KCDPA), signed by Governor Andy Beshear on April 4, 2024, takes effect January 1, 2026. Kentucky's law is essentially a direct adoption of the Virginia CDPA model, making it one of the most business-friendly and predictable state privacy laws enacted. The KCDPA provides all standard consumer rights, requires opt-in consent for sensitive data, and includes a 30-day cure period. Kentucky does not require businesses to honor universal opt-out signals. The law's close alignment with Virginia means that businesses already complying with Virginia's CDPA will find Kentucky compliance relatively straightforward.
Residents of Kentucky have the following legally enforceable privacy rights under KCDPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The KCDPA applies to controllers conducting business in Kentucky or targeting Kentucky residents AND that during a calendar year control or process personal data of at least 100,000 consumers, or control or process personal data of at least 25,000 consumers while deriving over 50% of gross revenue from selling personal data. Standard exemptions apply, following Virginia's framework closely.
Under KCDPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under KCDPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The Kentucky Attorney General has exclusive enforcement authority. A 30-day written cure notice must be provided before the AG may initiate an action. Civil penalties up to $7,500 per violation are available. No private right of action. Kentucky's AG Consumer Protection Division handles complaints.
To exercise your rights under KCDPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a Kentucky resident invoking rights under KCDPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the Kentucky Attorney General's office.
| Term | Definition Under KCDPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |