Kansas has not enacted a comprehensive consumer privacy law. Businesses are subject to data breach notification requirements and sector-specific regulations.
Kansas Privacy & Accessibility Laws
Kansas does not have a comprehensive consumer privacy law as of 2024. The state has enacted data breach notification requirements and sector-specific privacy protections. Kansas state agencies must ensure their digital services are accessible to individuals with disabilities under federal and state requirements.
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Privacy Law Status
No Comprehensive Law
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Accessibility Requirements
ITEC Accessibility Policy
Kansas has specific IT accessibility requirements through the Information Technology Executive Council (ITEC) standards for state agencies.
Kansas Privacy Regulations
While Kansas lacks a comprehensive privacy law, the state has enacted several important privacy protections:
Key Kansas Privacy Laws
- Kansas Data Breach Notification Act (K.S.A. 50-7a01): Requires notification of security breaches affecting personal information
- Kansas Consumer Protection Act: Prohibits deceptive and unconscionable business practices
- Kansas Student Data Privacy Act: Protects student educational data
- Open Records Act: Governs access to government records with privacy exemptions
Data Breach Notification Requirements
| Requirement | Details |
|---|---|
| Covered Entities | Any person or business that conducts business in Kansas and owns or licenses personal information |
| Notification Timeline | Without unreasonable delay, consistent with law enforcement needs |
| AG Notification | Not specifically required by statute |
| Covered Data | Name plus SSN, driver's license, financial account, or medical information |
| Penalties | Violations subject to Kansas Consumer Protection Act penalties |
Accessibility Requirements
Kansas has specific accessibility requirements for state government agencies:
ITEC Accessibility Standards
The Kansas Information Technology Executive Council (ITEC) has established accessibility standards for state agencies:
- Policy 1210: State agencies must ensure IT systems are accessible to persons with disabilities
- WCAG Compliance: State websites must follow WCAG 2.1 Level AA guidelines
- Procurement Requirements: Accessibility must be considered in IT procurement decisions
- Training: State employees involved in web development must receive accessibility training
State Government Obligations
- Kansas state agencies must comply with ADA Title II for all public-facing digital content
- Office of Information Technology Services provides accessibility guidance
- State websites must undergo accessibility testing
- Educational institutions must ensure accessible digital learning materials
Private Sector Considerations
- Businesses with physical locations in Kansas are subject to ADA Title III
- Website accessibility claims can be brought under federal ADA
- Healthcare providers must ensure accessible patient portals
- Financial institutions must provide accessible online banking services
Enforcement
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Privacy Enforcement
- Kansas Attorney General - Consumer protection enforcement
- Consumer Protection Division - Investigates data-related complaints
- Private right of action - Limited under Consumer Protection Act
Contact:
Office of the Attorney General
Consumer Protection Division
120 SW 10th Avenue, 2nd Floor
Topeka, KS 66612
(785) 296-3751
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Accessibility Enforcement
- U.S. Department of Justice - ADA Title II and III enforcement
- Kansas Human Rights Commission - State disability discrimination
- Private litigation - Federal ADA claims
Contact:
Disability Rights Center of Kansas
635 SW Harrison Street, Suite 100
Topeka, KS 66603
(785) 273-9661
Business Obligations
| Obligation | Description |
|---|---|
| Data Security | Implement reasonable security measures to protect personal information |
| Breach Notification | Notify affected individuals without unreasonable delay after discovering a breach |
| Student Data | EdTech companies must follow Student Data Privacy Act requirements |
| Consumer Protection | Cannot engage in deceptive or unconscionable data practices |
| Data Disposal | Properly dispose of records containing personal information |
Consumer Rights
Kansas residents have the following privacy rights:
- Breach Notification: Right to timely notice of data breaches affecting personal information
- Consumer Protection: Protection against deceptive data practices
- Student Data Rights: Parents and students have rights regarding educational data
- Credit Freeze: Right to place security freezes on credit reports
- Open Records: Right to access government records with privacy exemptions
- Medical Privacy: Rights under HIPAA and state medical privacy laws
Future Legislation
Kansas legislators have considered comprehensive privacy legislation. While no comprehensive law has passed, businesses should monitor legislative developments and prepare for potential future requirements.
Related Resources
- US Privacy Laws Overview
- ADA Title II Requirements
- ADA Title III for Businesses
- All State Laws
- Privacy Compliance Guide
- Report a Violation
Need Help with Kansas Compliance?
While Kansas lacks a comprehensive privacy law, businesses must still comply with data breach notification requirements, student data protections, and federal accessibility standards. Contact our experts for guidance on meeting your obligations.