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SOUTH BEND, IN (WSBT) — Indiana will see new laws taking effect at the start of the new year.
One new law focuses on how Hoosiers protect their personal data.
The Indiana Consumer Data Protection Act promotes data transparency and allows you to have more control in protecting your personal data.
This act comes from a priority bill introduced during the 2023 legislative session. Indiana businesses had three years to become familiar with it before it went into effect.
It applies to companies that process a set amount of data each year. Those companies either do business in Indiana or provide services to Indiana residents
Under this law businesses have a duty to:
- Limit consumer data collection – to what is necessary
- Cannot discriminate against consumers by charging different prices to those exercising their rights
- Provide opt-out mechanisms that are convenient
- Security safeguards to protect data, to protect confidentiality
- Obtain consent from users to process sensitive data
This does exempt some organizations such as the state, nonprofits, and higher education institutions.
The law allows you, as the consumer to have these rights:
- Confirm if a company is processing data
- Correct inaccuracies in the data
- Delete consumer’s personal data collected
- Obtain a copy of your personal data – once a year
- Opt-out of processing data for certain purposes such as targeted advertising or profiling
Companies are required to respond no later than 45 days after a consumer’s request to any of these rights. But the business can get an extension if they inform the consumer.
They can also deny or charge a fee if requests are unfounded, excessive, or repetitive, but it’s on the company to prove that’s the case.
The attorney general has the authority to initiate legal action against `those in violation of these rights.
An injunction or fine may be given for each violation.
Indiana’s Consumer Data Protection Act goes into effect January 1st.
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