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Reporting Requirements and Noncompliance Fines
In the event of a data breach, Indiana businesses are required to notify consumers and the state attorney general in a timely fashion. A data breach that affects 1,000 or more people must also be reported to all consumer-reporting agencies. This law applies to businesses that own or license data. Businesses that maintain data for another entity must alert the owner when the data is breached. Those that fail to comply may owe up to $150,000 per violation plus the cost of investigating the case.
| Name of Law / Statute | N/A |
| Definition of Protected Information | Combination of (1) name or other identifying info, PLUS (2) one or more of these “data” elements: SSN; driver’s license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes, BUT SSN is protected regardless of whether accompanied by name; paper printouts of computer information included |
| Who Is Subject to Law? | “Data base owners” primarily, though any person that “maintains” PI must notify relevant Data Base |
| Notification of Consumers? | Yes |
| By what means? | Written, phone, fax, or electronic; if >1000 consumers affected, must notify credit agencies |
| Substitute Notice Threshold? | If cost of notice >$250,000 or involves >500k residents |
| Notification of authorities / regulators required? | Yes |
| By what means? | AG’s office form |
| Regulatory Fines | No (civil action by AG) |
| Credit monitoring requirement? | No |
| Private lawsuits allowed? | No |
| Private damages cap? | N/A |
| Regulatory actions allowed? | Yes (damages capped at $150k per incident + costs of investigation/suit) |
| HIPAA Compliance exemption? | Yes |
| Other (e.g., timeframe) | Law does not apply if PI was encrypted or otherwise secured, unless encryption key was also stolen |
| Link to complete law | http://www.in.gov/legislative/ic/2010/title24/ar4.9/ |
Read the full text of Indiana’s data breach law for more information.
