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What are the Rights for 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...

What is Biometric Data according to the Indiana Consumer Data Protection Act (“ICDPA”)?

Biometric data means data that: (1) is generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, a voiceprint, images of the retina or iris, or other unique biological patterns or characteristics; and (2) is used to identify a specific individual. The...

What is considered a Sale of Personal Data according to the Indiana Consumer Data Protection Act (“ICDPA”)?

Sale of personal data means the exchange of personal data for monetary consideration by a controller to a third party. (b) The term does not include: (1) the disclosure of personal data to a processor that processes the personal data on behalf of the controller; (2) the disclosure of personal data...

What is De-identified Data according to the Indiana Consumer Data Protection Act (“ICDPA”)?

De-identified data means data that cannot reasonably be linked to an identified or identifiable individual because a controller that possesses the data: (1) takes reasonable measures to ensure that the data cannot be associated with an individual; (2) publicly commits to maintaining and using the...

What is Personal Data according to the Indiana Consumer Data Protection Act (“ICDPA”)?

Personal data means information that is linked or reasonably linkable to an identified or identifiable individual. The term does not include: (1) de-identified data; (2) aggregate data; or (3) publicly available information. For more information, see here: https://iga.in.gov/legislative/2023/bills/...

What is Precise Geolocation Data according to the Indiana Consumer Data Protection Act (“ICDPA”)?

Precise geolocation data means information derived from technology, including global positioning system level latitude and longitude coordinates, that directly identifies the specific location of a natural person with precision and accuracy within a radius of one thousand seven hundred fifty (1,750...

What is Pseudonymous Data according to the Indiana Consumer Data Protection Act (“ICDPA”)?

Pseudonymous data means personal data that cannot be attributed to a specific individual because additional information that would allow the data to be attributed to a specific individual is: (1) kept separately; and (2) subject to appropriate technical and organizational measures; to ensure that...

What is Publicly Available Information according to the Indiana Consumer Data Protection Act (“ICDPA”)?

Publicly available information means information: (1) that is lawfully made available through federal, state, or local government records; or (2) that a business has a reasonable basis to believe is lawfully made available: (A) to the general public through widely distributed media; (B) by the...

What is Sensitive Data according to the Indiana Consumer Data Protection Act (“ICDPA”)?

Sensitive data means a category of personal data that includes: (1) personal data revealing racial or ethnic origin, religious beliefs, a mental or physical health diagnosis made by a health care provider, sexual orientation, or citizenship or immigration status; (2) genetic or biometric data that...

What is Targeted Advertising according to the Indiana Consumer Data Protection Act (“ICDPA”)?

Targeted advertising means the displaying of an advertisement to a consumer in which the advertisement is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer's preferences or interests...