United States of America: Act amending Kentucky Revised Statutes on data privacy including data protection regulation enters into force

On 1 July 2027, the Act amending Kentucky Revised Statutes on data privacy (HB 692) enters into force. The Act amends KRS 367.3611 to introduce definitions of "automatic content recognition data" and "smart monitor." "Automatic content recognition data" means data about a consumer's content viewing history collected through technology identifying, in real time, the specific content displayed by analysing audio or video fingerprints through digital fingerprinting, watermark detection, or similar comparison techniques, excluding data collected about a consumer's interactions with content provided by the controller's own services, data generated in the course of providing a feature or service requested by a consumer, and data collected for the purpose of enforcing terms of service. "Smart monitor" means a digital display device integrating hardware and software to enable internet connectivity, application execution, and media content streaming independently of an external computer or media source, excluding voice assistant devices and mobile devices. The Act amends KRS 367.3617 to prohibit controllers from collecting automatic content recognition data without a consumer's consent, from discriminating against consumers for exercising consumer rights under KRS 367.3615, and from processing personal data in violation of laws prohibiting unlawful discrimination. Controllers are required to establish secure and reliable means for consumers to submit requests to exercise consumer rights under KRS 367.3615 and to provide a reasonably accessible, clear, and meaningful privacy notice disclosing categories of personal data processed, processing purposes, third-party sharing, and mechanisms for exercising consumer rights, including the right to opt out of personal data sales and targeted advertising. Any contractual provision purporting to waive or limit consumer rights under KRS 367.3615 is void and unenforceable.