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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Data Breach Requirements: Kentucky R.S. § 365.732.

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The numbering and internal citations herein are derived from the applicable state statute.

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The term “personally identifiable information” means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when the name or data element is not redacted:

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The term “breach of the security of the system” means unauthorized acquisition of unencrypted and unredacted computerized data that compromises the security, confidentiality, or integrity of personally identifiable information maintained by the information holder as part of a database regarding multiple individuals that actually causes or leads the information holder to reasonably believe has caused or will cause, identity theft or fraud against any resident of the Commonwealth of Kentucky.

Good-faith acquisition of personally identifiable information by an employee or agent of the information holder for the purposes of the information holder is not a breach of the security of the system if the personally identifiable information is not used or subject to further unauthorized disclosure.

A breach notification shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

A breach notification may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The breach notification shall be made promptly after the law enforcement agency determines that it will not compromise the investigation.

A breach notice may be provided by one of the following methods:<br>(a) Written notice;<br>(b) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 (The Electronic Signatures in Global and National Commerce Act); or<br>(c) Substitute notice, if the information holder demonstrates that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds 500,000, or the information holder does not have sufficient contact information.

Substitute notice shall consist of all of the following:

If a person discovers circumstances requiring breach notification to more than 1,000 persons at one time, the person shall also notify, without unreasonable delay, all consumer reporting agencies and credit bureaus that compile and maintain files on consumers on a nationwide basis of the timing, distribution, and content of the notices.

The provisions of this section and the requirements for nonaffiliated third parties in KRS Chapter 61 shall not apply to any person who is subject to the provisions of Title V of the Gramm-Leach-Bliley Act, or the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, or any agency of the Commonwealth of Kentucky or any of its local governments or political subdivisions.

Any information holder that maintains computerized data that includes personally identifiable information that the information holder does not own shall notify the owner or licensee of the information of any breach of the security of the data as soon as reasonably practicable following discovery, if the personally identifiable information was, or is reasonably believed to have been, acquired by an unauthorized person.

Data Disposal and Security: Kentucky R.S. §§ 365.720 and 365.725.

The numbering and internal citations herein are derived from the applicable state statute. See statute for any applicable exceptions or exemptions.

The term “personally identifiable information” means data capable of being associated with a particular customer through one (1) or more identifiers, including but not limited to a customer’s name, address, telephone number, electronic mail address, fingerprints, photographs or computerized image, Social Security number, passport number, driver identification number, personal identification card number or code, date of birth, medical information, financial information, tax information, and disability information.

When a business disposes of, other than by storage, any customer’s records that are not required to be retained, the business shall take reasonable steps to destroy, or arrange for the destruction of, that portion of the records containing personally identifiable information by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or indecipherable through any means.