Kansas | Data Breach Law

January 3, 2018

Kansas | Data Breach Law

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Requirements and Penalties

In Kansas, business owners are required to notify individuals affected by a data breach as soon as possible. Businesses that maintain data for another entity must alert the owner or licensee. When 1,000 or more residents are affected, the breach must be reported to all consumer-reporting agencies. The Kansas attorney general may bring a lawsuit against all businesses, except insurance companies, that violate the notification law. The insurance commissioner has the right to sue insurance companies in violation of the statute.

Name of Law / Statute N/A
Definition of Protected Information Combination of (1) name or other identifying info, PLUS (2) one or more of these “data” elements: SSN; driver’s license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes, although credit and debit card numbers are considered PI whether or not they are paired with a PIN or security code
Who Is Subject to Law? Any person conducting business in the state
Notification of Consumers? Yes
By what means? Written or electronic; if >1000 residents affected, must notify credit agencies
Substitute Notice Threshold? If cost of notice >$100k or for >5000 residents
Notification of authorities / regulators required? No
By what means? N/A
Regulatory Fines No (civil action by AG)
Credit monitoring requirement? No
Private lawsuits allowed? No
Private damages cap? N/A
Regulatory actions allowed? Yes
HIPAA Compliance exemption? N/A
Other  (e.g., timeframe) Law does not apply if PI was encrypted or redacted
Link to complete law http://kansasstatutes.lesterama.org/Chapter_50/Article_7a/

Learn more about Kansas’s data breach law by reading the full text.