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Indiana Data Breach Statute

 

Ind. Code §§ 24-4.9-1 to -24-4.9-5

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Without unreasonable delay

YES

 

More Details

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 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.

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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