Law / United States / 
Indiana
Indiana Consumer Data Protection Act, consumer rights
In force since .
A data subject rights rule binding private bodies.
- Audit expectation
- none
What it requires
- Give an Indiana consumer a means to confirm whether you process their personal data, access it, correct it, delete it, and receive a portable copy.
- Offer an Indiana consumer an opt-out of targeted advertising, the sale of personal data, and profiling that produces a legal or similarly significant effect.
- Respond to a consumer rights request without undue delay and no later than 45 days after receipt, with one 45-day extension available when reasonably necessary, and inform the consumer within that period of any extension and its reason.
These lines are LexLint's reading of the law's text. Also read by: Office of the Indiana Attorney General (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
The Attorney General's guide defines profiling as 'Automated processing on personal data', where Ind. Code § 24-15-2-23 says 'solely automated processing'.
- As of
- Guidance link
- https://www.in.gov/attorneygeneral/files/Consumer_Data-Bill-of-Rights.pdf
- Guidance body
- Office of the Indiana Attorney General
- Open questions
- Does a controller that uses a model's score only as one input to a human reviewer's decision on credit, housing or employment engage in 'profiling' under Ind. Code § 24-15-2-23, which reaches only 'solely automated processing', so that the opt-out in section 24-15-3-1(b)(5)(C) applies?
What it makes you log
Logging duty
Section 24-15-3-1 gives a consumer the rights to confirm, access, correct, delete, obtain a copy of and opt out of the processing of personal data, sets a 45 day response time, requires reasons when a request is declined and an appeal process with a written explanation. A controller that obtained the data from another source is treated as complying with a deletion request if it retains a record of the request and the minimum data needed to keep the data deleted; that is one of two routes to compliance, not a duty. The consumer's right to access their own data is not a right to a log. The section requires no log of requests as a duty, sets no retention period and gives no regulator a right to a record. It states no territorial hook.
- Kind
- None
- As of
What this law does
INCDPA gives an Indiana consumer the right to confirm and access their personal data, correct inaccuracies, delete data, obtain a portable copy, and opt out of targeted advertising, the sale of personal data, and profiling that produces a legal or similarly significant effect, exercisable against the controller.
A controller must respond without undue delay and no later than 45 days after receipt, with one additional 45-day extension available when reasonably necessary, and must inform the consumer of a decline and the means to appeal it on the same 45-day timeline. This is the ordinary 45-plus-45 response model used across most states, not the shortened timeline Florida uses.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions or processes personal data.
Back to the example · Lint your app
Page updated .