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State General Privacy Law Tracker

Indiana

  •  

Code/Regulations

  • Indiana Consumer Data Protection Act (INCDPA)
  • Code: Ind. Code § 24-15 (2023)

Effective Date:  January 1, 2026

Details

Threshold

Companies conducting business in Indiana or producing products or services targeted to Indiana residents that during a calendar year either: 

(1) control or process personal data of at least 100,000 Indiana residents acting in a personal, family, or household capacity ("consumers"); or

(2) control or process personal data of at least 25,000 consumers and derive more than 50 percent of gross revenue from the sale of personal data

Definition of "Personal Data"

Information that is linked or reasonably linkable to an identified or identifiable individual. Personal data does not include data from people acting in an employment or commercial context.

Definition of "Sensitive Data"

As with all state general privacy laws, includes the following Personal Data:

  • Race or ethnic origin;
  • Religious beliefs;
  • Citizenship or immigration status;
  • Genetic data;
  • Biometric data;
  • Physical or mental health diagnosis; and
  •  Sexual orientation.

In addition, Indiana’s definition also includes:

  • Precise geolocation data; and
  • Personal data collected from a known child.

Definition of "Sale"

Exchange of personal data for monetary consideration by controller to third party

Data-Protection Assessments

Required for targeted advertising, sale, sensitive data, certain profiling

Opt-In Consent Required for Processing Sensitive Data 

Yes

Consumer Rights to Confirm Processing, Request Access, Correction, Deletion & Portability

Yes

Consumer Right to Opt Out of Sale

Yes

Consumer Right to Opt Out of Targeted Ads

Yes

Consumer Right to Opt Out of Profiling

Yes

Pseudonymous Data Exempt from Consumer Requests

Yes

Appeal Rights

Yes

Universal Opt-Out Mechanism Required Recognition/Date

None

Data of Minors

Process personal data of a known child in accordance with COPPA

GLBA Exemption

Yes (both entity-level and data-level)

HIPAA Exemption

Yes (entity-level)

Applies/Does Not Apply to Personal Information in a Commercial or Employment Context

Does not apply to commercial or employment context; applies in an individual or household context

Nonprofit Exemption

Yes

Private Right of Action

No

Cure Period

30 Days

Cure Period Expiration

None

Enforcement Authority/Damages

Attorney General/not to exceed $7,500 per violation

Disclaimer: States may periodically amend their laws and regulations and such amendments may affect or modify certain legal requirements or compliance obligations. There is no guarantee that this research is up to date as laws and regulations in the state consumer data privacy space continue to evolve. You should consult an attorney to assess the applicability of any existing, new, or proposed state consumer data privacy laws. By accessing this site, you acknowledge your understanding that the underlying content is not a replacement for legal counsel and does not constitute legal advice. 

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