April 2023: Indiana Legislature Passes Consumer Data Privacy Bill

27 Apr


Update Applicable to:
All businesses handling consumer information in the state of Indiana.

What happened?
On April 13, the Indiana legislature passed Senate Bill 5 (SB 5), which introduced the Consumer Data Protection Act (VCDPA).

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What are the details?
Effective January 1, 2025, if the governor signs, Indiana residents will have the right to correct inaccuracies but only for personal data that they previously provided to the controller. The right does not extend to all personal data in a controller’s possession, such as in Colorado, Connecticut, and Virginia (Utah and Iowa lack this right entirely).

In addition, the bill’s right-to-access provision says that consumers have the right to obtain either a copy of their data or a “representative summary” of the consumer’s data the consumer previously provided to the controller. The choice is at the controller’s discretion.

As with the laws in Iowa, Utah, and Virginia, the Indiana bill does not require controllers to recognize universal opt-out mechanisms.

Consistent with the VCDPA, the bill defines “sale” as monetary consideration and not “other valuable consideration.”

Enforcement/Right to Cure
The bill contains a thirty-day right to cure violations, which does not sunset. During the committee hearing, a representative from the Indiana Attorney General’s office stated that the Office wanted the right to cure to sunset. Still, the amendment was never made to the bill. That leaves California, Colorado, and Connecticut as the three states where the right to cure has or will sunset.

Resources/Sample Notices
The Attorney General is permitted (but not required) to maintain on its website a list of resources for controllers, including sample privacy notices and disclosures, to assist controllers with compliance.

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For more information, please see the links below:

Senate Bill 5 (SB 5)

Article 1Article 2

What do employers need to do? Employers should review the links above, monitor any news regarding this update, and make the necessary adjustments to their consumer privacy policies to follow the new law if the governor signs.

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