Kentucky Statutes 393A.790 – When confidential information may be disclosed
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(1) When reasonably necessary to enforce or implement this chapter, the administrator may disclose confidential information concerning property held by the administrator or the administrator’s agent only to:
(a) An apparent owner or the apparent owner‘s personal representative, attorney, other legal representative, relative, or agent designated under KRS § 393A.760 to have the information;
(b) The personal representative, executor, other legal representative, relative of a deceased apparent owner, agent designated under KRS § 393A.760 by the deceased apparent owner, or a person entitled to inherit from the deceased apparent owner;
(c) Another department or agency of this state or the United States;
(d) The person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the administrator of this state if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to KRS
393A.770 to 393A.830; or
(e) A person subject to an examination as required by KRS § 393A.580(6).
(2) Except as otherwise provided in KRS § 393A.780(1), the administrator shall include on the Web site or in the database required by KRS § 393A.290(2)(b) the name of each apparent owner of property held by the administrator. The administrator may include in published notices, printed publications, telecommunications, the Internet, or other media and on the Web site or in the database additional information concerning the apparent owner’s property if the administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information except the home or physical address of an apparent owner.
(3) The administrator and the administrator’s agent shall not use confidential information provided to them or in their possession, except as expressly authorized by this chapter or required by law other than this chapter.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 163, sec. 79, effective July 14, 2018.
Legislative Research Commission Note (7/14/2018). Although 2018 Ky. Acts ch. 163, sec. 79, contained a citation to “Section 60 of this Act” (codified as KRS § 393A.600) in subsection (1)(e) of this statute, it is clear from the context that Section 58 (codified as KRS § 393A.580) was intended, and this manifest clerical or typographical error was corrected in codification under the authority of KRS § 7.136.
(a) An apparent owner or the apparent owner‘s personal representative, attorney, other legal representative, relative, or agent designated under KRS § 393A.760 to have the information;
Terms Used In Kentucky Statutes 393A.790
- Administrator: means the Kentucky State Treasurer. See Kentucky Statutes 393A.010
- Apparent owner: means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder. See Kentucky Statutes 393A.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Confidential information: means records, reports, and information that are confidential under KRS §. See Kentucky Statutes 393A.010
- Executor: A male person named in a will to carry out the decedent
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Person: means an individual, estate, business association, public corporation, government or governmental subdivision, agency, or instrumentality or other legal entity. See Kentucky Statutes 393A.010
- Security: means :
(a) A security as defined in KRS §. See Kentucky Statutes 393A.010 - State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 393A.010
- Statute: A law passed by a legislature.
(b) The personal representative, executor, other legal representative, relative of a deceased apparent owner, agent designated under KRS § 393A.760 by the deceased apparent owner, or a person entitled to inherit from the deceased apparent owner;
(c) Another department or agency of this state or the United States;
(d) The person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the administrator of this state if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to KRS
393A.770 to 393A.830; or
(e) A person subject to an examination as required by KRS § 393A.580(6).
(2) Except as otherwise provided in KRS § 393A.780(1), the administrator shall include on the Web site or in the database required by KRS § 393A.290(2)(b) the name of each apparent owner of property held by the administrator. The administrator may include in published notices, printed publications, telecommunications, the Internet, or other media and on the Web site or in the database additional information concerning the apparent owner’s property if the administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information except the home or physical address of an apparent owner.
(3) The administrator and the administrator’s agent shall not use confidential information provided to them or in their possession, except as expressly authorized by this chapter or required by law other than this chapter.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 163, sec. 79, effective July 14, 2018.
Legislative Research Commission Note (7/14/2018). Although 2018 Ky. Acts ch. 163, sec. 79, contained a citation to “Section 60 of this Act” (codified as KRS § 393A.600) in subsection (1)(e) of this statute, it is clear from the context that Section 58 (codified as KRS § 393A.580) was intended, and this manifest clerical or typographical error was corrected in codification under the authority of KRS § 7.136.