Kansas does not have a comprehensive data protection law. Nor has it introduced a new bill in 2023. It does, however, have some sector-specific privacy-related laws.
Kansas Data Breach Notification Law
Kansas, like all US states, has in effect a data breach notification law that governs the obligations of businesses and government entities in the event of a data breach. The law outlines requirements for notifying affected individuals if their personal information is reasonably believed to have been compromised.
Kansas Consumer Protection Act
A valuable collection of measures, the Kansas Consumer Protection Act (KCPA), can help safeguard Kansas customers from dishonest or fraudulent business activities. This law gives customers the ability to bring legal claims against corporations on their own or on behalf of other consumers. Here are some additional ways in which this law can defend your rights.
Kansas No-Call Act
Kansas passed the Kansas No-Call Act, also known as the Kansas No-Call List Act. This law aims to protect consumers from unsolicited telemarketing calls. Here are the key points about the Kansas No-Call Act:
The Kansas No-Call Act is designed to establish a no-call list and regulate telemarketing activities in order to reduce unwanted phone solicitations and protect consumer privacy.
The law establishes a “No-Call List” in Kansas. Consumers can register their residential and cellular telephone numbers on the list to indicate their preference not to receive telemarketing calls.
Telemarketers are required to register with the Kansas Attorney General’s office before making telemarketing calls within the state. The registration includes providing certain information about the telemarketing business.
Prohibition on Unsolicited Calls
Once a consumer’s telephone number is on the No-Call List, telemarketers are generally prohibited from making unsolicited telemarketing calls to those numbers, unless a specific exception applies.
The Kansas No-Call Act allows for certain exceptions to the prohibition on unsolicited calls. For example, calls from charitable organizations, political organizations, and certain other exempt entities may still be permitted. Additionally, there are exceptions for established business relationships and calls made in response to a consumer’s express request or consent.
Enforcement and Penalties
The Kansas Attorney General’s office is responsible for enforcing the Kansas No-Call Act. Violations of the law can result in civil penalties and other enforcement actions against telemarketers who fail to comply with the requirements.
An Attempt at Comprehensive Privacy Laws
On April 29, 2021, Senator Jerry Moran of Kansas introduced a previously proposed comprehensive federal privacy bill entitled the Consumer Data Privacy and Security Act (the Act). The Act integrates themes from the CCPA and GDPR and provides similar rights and protections, but is more favorable to small and midsize businesses. The law died in the legislative process.
The act was proposed to protect the personal data of all individuals residing in the U.S. and would apply to all businesses under the purview of the Federal Trade Commission as well as non-profits and common carriers. Small businesses were to be exempt from complying with an individual’s right to access and rights to accuracy and correction.
In the meantime, Kansas remains one of a shrinking number of states that do not at present have a general comprehensive privacy act.