Lobbying Affiliate: MML&K Government Solutions

House Bill 5: Data Breach Policy

How to protect your business on the web.

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In effect January 1, 2015, Kentucky House Bill 5 created new guidelines for companies that conduct business with the state or with government agencies. These businesses are required to have a certain degree of security systems and measures in place to protect personal information.

The attorneys of McBrayer represents businesses affected by this law, providing legal guidance in setting up appropriate data protection measures and offering representation should disputes arise surrounding a company's use and protection of information.

Data Breach Policy - Adherence And Compliance To Government Standards

The law is far-reaching, applying to any private entity that works with a government agency and receives back private information from that agency, including:

  • An individual's first or last name, including personal marks
  • Account numbers, such as those on credit cards or debit cards, that require an access code or password
  • Social Security numbers and tax ID numbers involving a Social Security number
  • Driver's license number and information, as well as other state or government-issued ID numbers
  • Passport numbers
  • Individual health information

Security measures and procedures must be submitted in writing with strict protocol to follow should a breach occur or be suspected. These standards must be in line with the requirements of the bill, and staff and employees are to be trained thoroughly to execute these measures.

A breach could range from outside parties attempting to hack into the system to steal or cause harm, to human error on the part of an employee. If any breach is suspected, the company is required to conduct a thorough investigation, adhering to starts set forth in the new law. Those affected by the breach must also be notified appropriately.

We assist companies in navigating the requirements of this bill to be in compliance with all standards and protect the private information in their care. Should disputes arise or the company come under suspicion of deviating from these standards, our lawyers are prepared to represent your interests during government investigation.

Our firm also stages a coordinated effort, working with public relations professionals, to mitigate the negative impact that could arise following a data breach.

For more information or to discuss how we can assist your company, please contact our firm today.



J. Chris Nolan

News & Insights