What are the Rights for Indiana Residents in the Indiana Consumer Data Protection Act (“ICDPA”)?
The ICDPA defines a consumer as an individual who is a resident of Indiana and is acting only for a personal, family, or household purpose. The ICDPA excludes an individual acting in a commercial or employment context. The ICDPA provides for the following rights to consumers regarding the personal data processed by a controller:
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Right to Confirm. To confirm whether or not a controller is processing the consumer's personal data and, subject to authentication, to access such personal data.
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Right to Correct. To correct inaccuracies in the consumer's personal data that the consumer previously provided to a controller, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data. Upon receiving a request from a consumer, a controller shall correct inaccurate information as requested by the consumer, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data.
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Right to Delete. To delete personal data provided by or obtained about the consumer.
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Right to Obtain. To obtain either a copy of or a representative summary of the consumer's personal data that the consumer previously provided to the controller. Information provided to a consumer must be in a portable and, to the extent technically practicable, readily usable format that allows the consumer to transmit the data or summary to another controller without hindrance, in any case in which the processing is carried out by automated means. The controller has the discretion to send either a copy or a representative summary of the consumer's personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data.
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Right to Opt-Out. To opt-out of the processing of the consumer's personal data for purposes of: (a) targeted advertising; (b) the sale of personal data; or (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.
For more information, see here: https://iga.in.gov/laws/2023/ic/titles/24#24-15
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