Indiana

Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: Without unreasonable delay
Government Notification Required: YES

Ind. Code §§ 24-4.9-1 to -24-4.9-5

Scope of this Summary

Notification requirements applicable to any persons that own or license covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.

Covered Info

First name or first initial and last name, plus: Social Security number, driver’s license or state identification card number; credit card number; or financial account or debit card number in combination with a security code, access code or password that would permit access to the person's account. Covered info includes a Social Security number by itself without name.

Form of Covered Info

Electronic or tangible medium (paper, microfilm, etc) if transferred from computerized data.

Encryption Safe Harbor

Statute does not apply to information that is encrypted or redacted, so long as encryption key was not accessed or acquired.

Breach Defined

Unauthorized acquisition that compromises the security, confidentiality or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.

Consumer Notice

Timing: Must be made without unreasonable delay, consistent with necessary measures to restore the integrity of the system or necessary to discover the scope of the breach.

Method: By mail, telephone, fax, or email. Substitute notice is available if certain criteria are satisfied.

Delayed Notice

Notification may be delayed if law enforcement or the Attorney General requests delay because disclosure will impede a criminal or civil investigation or jeopardize national security.

Harm Threshold

Notification not required if the breach has not resulted in and could not result in identity deception, identity theft or fraud.

Government Notice

If notice provided to one or more residents, must also notify the Indiana Attorney General.

Consumer Reporting Agency Notice

If more than 1,000 residents are notified, must notify all CRAs with information necessary to assist the CRA to prevent fraud, including the types covered info affected by the breach.

Third-Party Notice

If you maintain covered info on behalf of another entity, you must notify them following discovery of a breach.

Potential Penalties

Violations may result in civil penalties.

This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on March 26, 2018