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Kansas
Privacy Laws

Overview

BREACH NOTIFICATION – Mandated Timeframe
Without unreasonable delay

FINES & PENALTIES – Violations
Attorney Gen. may bring action

Legal

Regulation Levels

  • Breach Reporting

    Breach Reporting

  • Consumer Notification

    Consumer Notification

  • Vendor Management

    Vendor Management

  • Vendor Contract Required

    Vendor Contract Required

PRIVACY AND SECURITY LAWS

Laws related to personal information and privacy and security.

QUICK FACTS

Kansas Privacy Law Information

PRIVACY PROGRAM

Organizations and Vendors who maintain or possess records containing personal information must have procedures and practices in place for the protection of personal information. Organizations and Vendors who maintain or possess records containing personal information must have measures in place for the destruction of any records containing personal information.

BREACH REPORTING

There are specific considerations when determining if a breach is reportable. Notifications may only be given by specific methods. If notification is required to more than 1,000 persons, all consumer reporting agencies must be notified with specific information without unreasonable delay.

CONSUMER NOTIFICATION

If your breach affects residents in other jurisdictions, those individuals must be notified based on the breach notification laws of the jurisdiction where they reside.

VENDOR/THIRD PARTIES

If a Vendor is breached, they must notify the Organization. The Organization will be responsible to complete any required regulatory and consumer breach notifications.

INDUSTRY SPECIFIC LAWS

For violations of the security breach statute by an insurance company licensed to do business in this state, the Insurance Commissioner shall have the sole enforcement authority. A covered entity must provide an individual or such individual’s personal representative with access to the individual’s protected health information. They must also implement and maintain appropriate administrative, technical and physical safeguards to protect the privacy of protected health information.

FINES & PENALTIES

The Attorney General may bring actions for civil relief for security breach violations. Organizations may be fined or penalized for Vendor violations. Violations of protection and disposal requirements are considered an unconscionable act or practice. Organizations may be fined or penalized for Vendor violations.

Kansas Statutes and Laws

K.S. § 40-2425

Personal identifier; use of social security number prohibited

K.S. § 50-669A

Prohibiting the taking of personal information when using a credit card

K.S. § 50-669B

Prohibiting printing of credit card or debit card account numbers on receipts

K.S. § 50-6,139B

Requirements for holders of personal information

K.S. § 50-7A

Protection of consumer information

K.S. § 50-7A01

Consumer information, security breach, definitions

K.S. § 50-7A02

Security breach requirements

K.S. § 65-6824

Health care data – same duties of covered entity

DISCLAIMER

The information provided is not legal guidance or recommendations and are for informational purposes only.