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Kansas Cybersecurity, Privacy & Data Security Law
Kansas Cybersecurity & Privacy Laws: A Guide for SMBs & Licensees
Navigate the data security and privacy landscape in Kansas. TEKRiSQ helps Small and Medium Businesses and Insurance Licensees understand their compliance obligations to protect data and avoid penalties.
Understanding Data Protection in the Sunflower State
While Kansas does not currently have a comprehensive general data privacy law akin to California’s CCPA or Virginia’s VCDPA, it does have important legislation governing data security and privacy, particularly concerning data breach notifications and specific industry regulations.
For Small and Medium Businesses (SMBs) and entities holding specific licenses (like insurance companies) operating in or serving Kansas residents, adherence to these laws is crucial. Non-compliance can lead to significant financial repercussions, legal challenges, and damage to your business’s reputation.
This guide provides a clear overview of Kansas’s key cybersecurity, data security, and privacy laws, summarizing your responsibilities and explaining why proactive compliance is essential for protecting your data and ensuring business continuity.

Kansas Data Breach Notification Law (K.S.A. § 50-7a02)

What is This Law?
Kansas’s Data Breach Notification Law requires any person or government entity conducting business in the state that owns or licenses computerized data containing personal information to notify affected Kansas residents in the event of a security breach. It also mandates a reasonable and prompt investigation to determine if misuse of information has occurred or is likely to occur.
Key SMB Responsibilities:
- Prompt Investigation: Conduct a good-faith, reasonable, and prompt investigation upon discovering a breach to determine if misuse of personal information has occurred or is likely.
- Timely Notification: If misuse is likely, notify affected Kansas residents “in the most expedient time possible and without unreasonable delay.” This allows for legitimate law enforcement needs and measures to determine scope and restore system integrity.
- Covered Personal Information: Includes first name or initial and last name combined with Social Security number, driver’s license/state ID number, or financial account/credit/debit card number with access code.
- Notification Method: Can be written or electronic notice. Substitute notice is allowed under specific conditions (e.g., cost exceeds $100,000, over 5,000 affected individuals, insufficient contact info).
- Consumer Reporting Agency Notification: If a breach affects more than 1,000 residents, notify all nationwide consumer reporting agencies without unreasonable delay.
- Third-Party Data Handlers: If you maintain data you don’t own, you must notify the owner/licensor immediately upon breach discovery and cooperate.
- Reasonable Security: While not explicitly detailed in the breach law, other Kansas statutes (K.S.A. § 50-7a01 et seq.) require entities to implement and maintain reasonable procedures and practices to protect personal information.
Why it’s Important:
This law is crucial for protecting Kansas residents from identity theft and fraud by enabling them to take timely action. For SMBs, compliance is vital for managing crisis communication, maintaining transparency, and avoiding potential enforcement actions by the Kansas Attorney General (for non-insurance entities) or the Insurance Commissioner (for insurance companies). Each violation can be considered an “unconscionable act” under the Kansas Consumer Protection Act, with penalties up to $10,000 per violation.
Read the full Kansas Data Breach Notification Law (K.S.A. § 50-7a02) →
Kansas Insurance Data Security & General Privacy Considerations
Insurance Data Security (K.A.R. 40-1-46)
While Kansas does not have a standalone “Insurance Data Security Law” based on the NAIC Model Law (as of current information), the Kansas Insurance Department has regulations concerning the privacy of consumer financial and health information (K.A.R. 40-1-46). This regulation governs how insurance licensees handle nonpublic personal financial and health information.
Key Licensee Responsibilities:
- Privacy Notice: Provide clear notice to individuals about your privacy policies and practices regarding their nonpublic personal health and financial information.
- Disclosure Conditions: Adhere to strict conditions under which nonpublic personal information may be disclosed to affiliates and nonaffiliated third parties.
- Opt-Out Mechanisms: Provide methods for individuals to prevent the licensee from disclosing their information (e.g., opting out of certain disclosures).
- Information Security: While not as prescriptive as the NAIC Model Law, the regulation implicitly requires licensees to maintain reasonable security to protect this sensitive data.
General Data Privacy Considerations:
Beyond data breach notification, Kansas has other privacy-related legislation, including:
- Student Data Privacy Act (K.S.A. 72-6312 et seq.): Prohibits unauthorized disclosure of student data and biometric data, and mandates notification for student data breaches. Relevant for educational institutions and service providers.
- Information Security Statute (K.S.A. §§ 50-7a01 to 50-7a04): Requires entities that collect, maintain, or possess personal information to implement and maintain reasonable procedures and practices to protect it from unauthorized access, use, modification, or disclosure. It also mandates reasonable steps for secure destruction of records.
- No-Call Act & Consumer Protection Act: While not directly cybersecurity laws, these protect consumers from deceptive practices and unsolicited telemarketing, which can sometimes involve data misuse.
Why it’s Important:
These laws collectively aim to protect Kansas consumers from various forms of data misuse and fraud. For insurance licensees, adhering to privacy regulations is crucial for maintaining trust and avoiding regulatory scrutiny from the Kansas Insurance Department. For all SMBs, understanding the broader information security requirements ensures a baseline of protection and minimizes legal exposure under the Kansas Consumer Protection Act.

Why Kansas Compliance Matters for All SMBs
Beyond specific industry regulations, a strong compliance posture is essential for every Kansas SMB.
Avoid Costly Penalties
Non-compliance can lead to significant fines and legal fees that can cripple a small business.
Build & Maintain Customer Trust
Consumers are increasingly aware of their data privacy rights. Demonstrating robust compliance builds trust and enhances your brand’s reputation.
Protect Against Cyber Threats
Compliance often mandates the implementation of strong cybersecurity measures, directly protecting your business from data breaches, ransomware, and other attacks.
Ensure Business Continuity
Proactive compliance and security measures significantly reduce the likelihood and impact of disruptive security incidents, ensuring your operations continue smoothly.
Competitive Advantage
Being recognized as a secure and compliant business can differentiate you from competitors and attract more clients, especially in sensitive industries.
Streamline Operations
Implementing well-defined security and privacy practices leads to more organized and efficient data handling.
TEKRiSQ Solutions for Kansas Compliance
TEKRiSQ offers comprehensive services to help your Kansas SMB or licensed entity achieve and maintain compliance with state cybersecurity and privacy laws.
Cyber Risk Assessments
Identify vulnerabilities and compliance gaps specific to Kansas’s regulations.
Data Governance & Privacy
Implement frameworks for data handling, aligning with Kansas privacy mandates.
Incident Response Planning (IRP)
Develop robust plans to meet Kansas data breach notification requirements.
Employee Cybersecurity Training
Educate your team on their role in protecting data and complying with state laws.
Managed Security Services
Ongoing support to continuously monitor and improve your security posture for sustained compliance.
Endpoint Protection (EDR)
Advanced threat detection and response for your devices, a key component of robust security.
Kansas State Contacts & Resources
For official information and assistance regarding Kansas’s data privacy, security, and insurance laws, you can contact:
Kansas Department of Insurance (KID)
General Inquiries & Consumer Assistance:
Phone: 1-800-432-2484 or (785) 296-3071
Ready to Ensure Your Kansas Compliance?
Don’t let complex regulations be a barrier. Partner with TEKRiSQ for expert guidance and practical solutions.