UNOFFICIAL COPY 24 RS BR 322
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AN ACT relating to violations of privacy. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 411 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Identification device" means any item, application, or product that is 6
passively or actively capable of transmitting personal information, including 7
but not limited to devices using radio frequency technology or any 8
electronic device used to track, harass, or download information without 9
permission; 10
(b) "Introduce" or "Introduction" means subcutaneous injection, inhalation, 11
ingestion, or placement on or within the human body by other means; 12
(c) "Personal information" means any of the following data elements to the 13
extent they are alone or in conjunction with any other information that can 14
identify an individual: 15
1. Email, Internet protocol, or website address; 16
2. Date of birth; 17
3. Operator's license number or personal identification card number; 18
4. Any unique personal identifier number contained or encoded in an 19
operator's license or personal identification card issued; 20
5. Bank, credit card, or other financial institution account number; 21
6. Any unique personal identifier contained or encoded in a health 22
insurance, health benefit, or benefit card, or record issued in 23
conjunction with any government-supported aid program; 24
7. Religion; 25
8. Ethnicity or nationality; 26
9. Photograph; 27 UNOFFICIAL COPY 24 RS BR 322
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10. Fingerprint or other biometric identifier; 1
11. Social Security number; or 2
12. Any other unique personal identifier; 3
(d) "Require, coerce, or compel" means any physical violence, threat, 4
intimidation, or retaliation, or the conditioning of any private or public 5
benefit or care on consent to implantation, including employment, 6
promotion, or other employment benefit, or any means that cause a 7
reasonable person of ordinary susceptibilities to acquiesce to implantation 8
when he or she otherwise would not, but does not include legitimate medical 9
uses for which the patient or his or her guardian or parent has consented; 10
and 11
(e) "Subcutaneous" means existing, performed, or introduced under the skin. 12
(2) A person shall not: 13
(a) Require, coerce, or compel any other individual to undergo the introduction 14
of an identification device; or 15
(b) Introduce an identification device without the consent of the person to 16
whom the identification device is introduced. 17
(3) A person to whom an identification device is introduced in violation of subsection 18
(2) of this section may bring a civil action for actual damages, compensatory 19
damages, punitive damages, injunctive relief, any combination of those, or any 20
other appropriate relief. The court may also grant a prevailing plaintiff 21
reasonable attorney's fees and litigation costs, including but not limited to expert 22
witness fees and expenses as part of the costs. 23
(4) In addition to the damages and relief authorized in subsection (3) of this section, 24
punitive damages may also be awarded upon proof of the defendant's malice, 25
oppression, fraud, or duress in requiring, coercing, or compelling the plaintiff to 26
undergo the introduction of an identification device. 27 UNOFFICIAL COPY 24 RS BR 322
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(5) An action brought under this section shall be commenced within five (5) years of 1
the date upon which the identification device was introduced, or within five (5) 2
years of the date the introduction was discovered by the person. 3
(6) Any restitution paid by the defendant to the victim shall be credited against any 4
judgment, award, or settlement obtained under this section. 5
(7) This section shall be liberally construed so as to protect privacy and bodily 6
integrity. 7
(8) Actions brought under this section are independent of any other actions, 8
remedies, or procedures that may be available to an aggrieved party under any 9
other law. 10
(9) This section shall not in any way modify existing statutory or case law regarding 11
the rights of parents or guardians, the rights of children or minors, or the rights 12
of dependent adults. 13