Developing robust data assimilation methods for hyperbolic conservation laws is a challenging subject. Those PDEs indeed show no dissipation effects and the input of additional information in the model equations may introduce errors that propagate and create shocks. We propose a new approach based on the kinetic description of the conservation law. A kinetic equation is a first order partial differential equation in which the advection velocity is a free variable. In certain cases, it is possible to prove that the nonlinear conservation law is equivalent to a linear kinetic equation. Hence, data assimilation is carried out at the kinetic level, using a Luenberger observer also known as the nudging strategy in data assimilation. Assimilation then resumes to the handling of a BGK type equation. The advantage of this framework is that we deal with a single "linear" equation instead of a nonlinear system and it is easy to recover the macroscopic variables. The study is divided into several steps and essentially based on functional analysis techniques. First we prove the convergence of the model towards the data in case of complete observations in space and time. Second, we analyze the case of partial and noisy observations. To conclude, we validate our method with numerical results on Burgers equation and emphasize the advantages of this method with the more complex Saint-Venant system.