On March 15, Kentucky passed HB 473 (the “bill”), which amends the Kentucky Consumer Data Protection Act (the “Act”), whose passage was previously covered by InfoBytes and goes into effect on January 1, 2026. The bill creates two additional categories of data that are exempt from the Act. Specifically, the bill adds exemptions for information collected by health care providers that maintain protected health information in accordance with HIPAA, as well as information included in a limited data set as described by HIPAA regulations at 45 C.F.R. § 164.514(e). The bill also makes a technical change to the data protection impact assessment required when processing personal data for the purposes of profiling where that profiling presents a foreseeable risk of an unlawful disparate impact on consumers. The amendments to the Act become effective with the bill effects on January 1, 2026.
