Indiana. Breach notification. Act

IN breach lawIndiana data breach notification law (Ind. Code § 24-4.9 (private); § 4-1-11 (state agencies))

In force
Partly verifiedMedium confidence. No verification notes recorded.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Indiana residents to notify affected individuals after a security breach. Core timing rule: Individuals without unreasonable delay and within 45 days of discovery. Covered data: SSN alone; name plus driver's licence/ID, card numbers, financial account with codes.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

AG notice for any notifiable breach; SSN alone triggers notice; breach covers data that could cause identity deception.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Indiana requires the maintaining entity to notify the owner on discovery of a breach. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals without unreasonable delay and within 45 days of discovery; AG whenever individuals notified; CRAs if >1,000
DPO
No
Cross-border transfers
None
Maximum penalty
Up to $150,000 per deceptive act (failure to notify); AG exclusive enforcement

§3Dates

Key dates
  • Adopted
  • In force
  • HEA 1341 (2022) set 45-day deadline; SB 17 (2024, eff. 2024-07-01) latest amendment

§4Text and authority

Text
Authority
Indiana Attorney General

§5Where it applies

Domestic law of
Indiana

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. No verification notes recorded.