Home » Data Privacy and Security » Kentucky Consumer Data Protection Act Amendments Expand Exemptions, Narrow Disparate Impact Assessment
Kentucky Gov. Andy Beshear on March 15 signed into law House Bill 473, which amends the Kentucky Consumer Data Protection Act. The amendments will go into effect Jan. 1, 2026.
First, the amendments add the following exemptions to the Act:
- Information collected by a health care provider who is a covered entity that maintains protected health information in accordance with HIPAA and five related regulations, 45 C.F.R. pts. 160, 162, and 164; and
- Information included in a limited data set as described in 45 C.F.R. 164.514(e), to the extent the information is used, disclosed, and maintained as specified in 45 C.F.R. sec. 164.514(e).
Second, the Act currently requires controllers to conduct and document data protection impact assessments for specific processing activities, including those for the purpose of profiling that present certain reasonably foreseeable risks. One risk has been amended as follows: “Unfair or deceptive treatment of consumers or unlawful, disparate impact on consumers.”
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Eric Rosenkoetter is a principal at Maurice Wutscher LLP, and is focused on advising clients with respect to federal and state consumer financial protection laws and data privacy and security, and he is a Certified Information Privacy Professional though the International Association of Privacy Professionals. He also brings to the table experience as a litigator, chief compliance and ethics officer, director of legislative affairs, federal lobbyist, and administrative hearings officer. Eric earned his Juris Doctor from Washington University School of Law, and his Bachelor of Business Administration from Southern Methodist University. He is a member of the International Association of Privacy Professionals, the Receivables Management Association International (RMAI), and ACA International. He is admitted to practice law in Texas and Missouri and in the U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas. For more information, see https://mauricewutscher.com/attorneys/eric-rosenkoetter/
