Ky. House, Senate Propose Privacy Bills

Kentucky state representatives and senators will consider different comprehensive data privacy bills during the 2024 legislative session, which opened Tuesday. On day one Rep. Phillip Pratt (R) introduced the 22-page HB-24, while Sen. Whitney Westerfield (R) floated SB-15, a 31-page piece of legislation. The House bill would apply to businesses that process personal data of at least 100,000 consumers annually, while the number in the Senate version is 50,000. Both bills would also apply to companies that process data of at least 25,000 consumers while deriving more than 50% of gross revenue from selling personal data. Among the differences, SB-15 would allow consumers to use global privacy controls to opt out, such as through a browser plugin or setting. Both bills allow enforcement solely by the state attorney general, with a 30-day right to cure and no private right of action. In addition, both would take effect Jan. 1, 2026. Going into 2024, 13 states had comprehensive privacy laws.