Frankfort, Kentucky, September 27, 2025
News Summary
Kentucky has enacted the Kentucky Consumer Data Protection Act (KCDPA), enhancing data privacy for residents. Effective January 2026, the law establishes rights for consumers, detailing data handling by businesses. With this, Kentucky joins a growing national trend towards stricter data regulations, paralleling similar laws in other states like Virginia and Connecticut.
Frankfort, Kentucky — Kentucky has officially joined the growing list of states enacting comprehensive data privacy laws with the signing of the Kentucky Consumer Data Protection Act (KCDPA) by Governor Andy Beshear on April 4, 2024. Scheduled to take effect on January 1, 2026, this legislation aims to strengthen the protection of personal data for Kentucky residents.
The KCDPA positions Kentucky as the fifteenth state to adopt such regulations, closely mirroring the frameworks of privacy laws in Virginia and Connecticut. It is noteworthy that recent equivalents have also been put in place in New Jersey and New Hampshire, indicating a national trend toward stricter data privacy measures.
The KCDPA applies to both controllers and processors of personal data, wherein controllers are defined as entities that dictate the purposes and means of processing data, while processors operate on behalf of these controllers. This new law governs all businesses operating within Kentucky or targeting its residents, regardless of the size of their revenue.
Under the KCDPA, personal data is identified as any information that can be linked to an individual, although de-identified and publicly available information is excluded from this definition. Additionally, the law specifies categories of sensitive data, including racial or ethnic origins, religious beliefs, health diagnostics, sexual orientation, citizenship status, genetic or biometric data, children’s data, and certain geo-location data.
The law outlines exemptions for specific entities and situations. For instance, state and local government agencies, organizations governed by the Gramm-Leach-Bliley Act (GLBA), HIPAA-covered entities, and educational institutions are not subject to the KCDPA. Moreover, certain instances involving data collection for law enforcement and emergency first responders are also exempt.
To empower consumers, the KCDPA grants a range of rights. Kentucky residents will be able to:
- Confirm if their personal data is being processed and access that data.
- Correct any inaccuracies in their personal data.
- Request deletion of their personal data.
- Obtain a portable copy of their personal data.
- Opt out of data processing used for targeted advertising, sale of personal data, or profiling.
The law articulates that the sale of personal data involves any financial exchanges for data, and outlines that various disclosures do not qualify as a sale. In terms of consumer requests, controllers have 45 days to respond, with an extension available if they provide notice to the consumer. If a consumer disputes a decision regarding their request, a process for appeal is mandated, with responses required within 60 days.
Furthermore, both controllers and processors must comply with stringent data security protocols, including notifications in the event of breaches and conducting data protection impact assessments. The enforcement of the KCDPA lies solely with the Kentucky Attorney General, as there is no private right of action for individuals to pursue. However, penalties for violations can amount to $7,500 per infraction, with a 30-day cure period for companies to address issues before fines are levied.
The KCDPA is part of a wider movement in the United States, as 20 states currently feature comprehensive data privacy laws. As this trend continues to evolve, it signals a potential national regulatory push towards better consumer protection in data management.
FAQ
What does the KCDPA stand for?
The KCDPA stands for the Kentucky Consumer Data Protection Act.
When will the KCDPA take effect?
The KCDPA will take effect on January 1, 2026.
What are the rights granted to Kentucky consumers under the KCDPA?
Consumers have the rights to access, correct, delete, and obtain portable copies of their personal data, as well as the right to opt out of certain data processing activities.
Who is required to comply with the KCDPA?
The law applies to both data controllers and processors that conduct business in Kentucky or target Kentucky residents.
Are there any exemptions under the KCDPA?
Exemptions include state and local government entities, financial institutions governed by GLBA, HIPAA-covered entities, nonprofits, and educational institutions, among others.
Key Features of the KCDPA
| Feature | Description |
|---|---|
| Effective Date | January 1, 2026 |
| Applicable Entities | Controllers and processors targeting Kentucky residents |
| Consumer Rights | Access, correction, deletion, portability, and opting out of processing |
| Exemptions | State entities, HIPAA-covered entities, nonprofits, educational institutions |
| Penalties | Up to $7,500 per violation |
Deeper Dive: News & Info About This Topic
HERE Resources
Kentucky Schools Integrate Artificial Intelligence for Education and Safety
DeShana Collett Departs University of Kentucky Amid Governance Disputes
Concerns Grow as International Student Visas Revoked in Ohio
Fayette County Educators Condemn Trump’s Education Order
University of Kentucky Dissolves Institutional Diversity Office
Additional Resources
- White & Case: US Data Privacy Guide
- Akin Gump: Kentucky Data Protection Act – What Businesses Need to Know
- Bloomberg Law: State Privacy Legislation Tracker
- Ogletree: U.S. Continues Patchwork of Comprehensive Data Privacy Requirements
- Wikipedia: Data Privacy
- Google Search: Kentucky Consumer Data Protection Act
Author: STAFF HERE LEXINGTON KY STAFF
The LEXINGTON STAFF WRITER represents the experienced team at HERELexingtonKY.com, your go-to source for actionable local news and information in Lexington, Fayette County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Woodland Art Fair, Crave Food and Music Festival, and Railbird Festival. Our coverage extends to key organizations like Commerce Lexington and Blue Grass Community Foundation, plus leading businesses in education, manufacturing, and technology that power the local economy such as University of Kentucky, Toyota Motor Manufacturing, and Lexmark. As part of the broader HERE network, including HEREBowlingGreen.com and HERELouisville.com, we provide comprehensive, credible insights into Kentucky's dynamic landscape.
