Indiana Consumer Data Protection Act (INCDPA), publicly available information exemption

Ind. Code Art. 24-15 (Senate Enrolled Act 5, 2023)

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In force 9 months, effective 1 January 2026.

A personal data rule binding private bodies.

As of 29 August 2026.

What it requires

Personal data that is lawfully made available through a government record, or that a consumer or widely distributed media has lawfully made available to the public, falls outside the INCDPA's definition of personal data.
If you meet the INCDPA's 100,000-consumer threshold, expect enforcement only from the Indiana Attorney General; the Act carries no private right of action.

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

IC 24-15-2-19(b) defines personal data to exclude de-identified data, aggregate data, or publicly available information.

IC 24-15-2-26 defines publicly available information as information that is lawfully made available through federal, state, or local government records, or that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by the consumer to whom the information pertains, or by a person to whom the consumer has disclosed it, the same three-way structure several peer states use.

As in those states, the exemption excludes scraped government-record and public-media personal data from the statute's scope by definition rather than by carve-out. IC 24-15-1-1(a)(1) applies the Act to a person conducting business in Indiana or targeting Indiana residents that, during a calendar year, controls or processes personal data of at least 100,000 consumers. Enforcement is Attorney-General-only; there is no private right of action.

When LexLint raises it

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Read the law

official text, Indiana General Assembly (iga.in.gov)

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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