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Can I use customer data for marketing purposes without violating privacy laws in Indiana? What are the requirements?

Using Customer Data for Marketing Purposes in Indiana

In Indiana, using customer data for marketing purposes is subject to privacy laws and regulations [2.2]. To use customer data for marketing purposes in Indiana, businesses must comply with the following requirements:

  1. Redact Personal Information: Personal information must be redacted to protect the privacy of Indiana residents [2.4]. For instance, personal information is “redacted” if the personal information has been altered or truncated so that not more than five (5) digits of a Social Security number are accessible as part of personal information.
  2. Notify Database Owner: If a person that maintains computerized data discovers that personal information was or may have been acquired by an unauthorized person, they must notify the database owner [2.5].
  3. Comply with Information Privacy, Security Policy, or Compliance Plan: A data base owner that maintains its own data security procedures as part of an information privacy, security policy, or compliance plan under certain federal laws is exempt from Indiana’s privacy laws and regulations [2.1]. However, the data base owner must maintain reasonable procedures to protect and safeguard from unlawful use or disclosure personal information of Indiana residents that is collected or maintained by the data base owner and the data base owner must comply with the data base owner’s information privacy, security policy, or compliance plan.
  4. Use Personal Information of Indiana Residents: Businesses must only use the personal information of Indiana residents for commercial purposes if they own or use the personal information [2.2].

Failure to comply with these requirements constitutes a deceptive act that is actionable only by the attorney general under Indiana law [2.1].

Therefore, to use customer data for marketing purposes in Indiana, businesses must comply with the privacy laws and regulations, including redacting personal information, notifying the database owner of any unauthorized access, and only using the personal information of Indiana residents for commercial purposes if they own or use the personal information.

Source(s):
Jurisdiction

Indiana