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Can I collect personal information from my customers in California in Indiana? What are the requirements?
Collecting Personal Information from Customers in California in Indiana
If you are collecting personal information from customers in California while being located in Indiana, you may be subject to the California Consumer Privacy Act (CCPA) [1.1]([2.1]:). The CCPA applies to businesses that collect personal information from California residents and meet certain criteria, such as having annual gross revenues over $25 million, buying or selling personal information of 50,000 or more consumers, households, or devices, or deriving 50% or more of their annual revenues from selling consumers’ personal information.
To comply with the CCPA, you must provide California residents with certain notices, such as a notice at collection informing them of the categories of personal information you collect and the purposes for which the information will be used [1.1]([2.1]:). You must also provide them with the right to opt-out of the sale of their personal information and the right to request deletion of their personal information [1.1]([2.1]:).
In addition to the CCPA, Indiana has specific requirements for collecting personal information [2.1]. If you receive nonpublic personal financial information from a nonaffiliated financial institution under an exception in section 13 or 14 of the Indiana Administrative Code, your disclosure and use of that information is limited [2.1]. If you receive nonpublic personal financial information from a nonaffiliated financial institution other than under an exception in section 13 or 14 of the Indiana Administrative Code, you may disclose the information only to certain parties [2.1].
If you are disclosing personal information to a nonaffiliated third party to perform services for you or functions on your behalf, you may be exempt from certain opt-out requirements under Indiana law if you meet certain conditions [2.2].
Conclusion
To summarize, if you are collecting personal information from customers in California while being located in Indiana, you may be subject to the CCPA and must comply with its requirements. Additionally, Indiana has specific requirements for collecting personal information, and you may be exempt from certain opt-out requirements under Indiana law if you meet certain conditions. It is important to review both the CCPA and Indiana law to ensure compliance with all applicable requirements.
Source(s):
- [1.1] Personal information system
- [2.1] Limits on redisclosure and reuse of nonpublic personal financial information
- [2.2] Exception to opt out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing
Jurisdiction
Indiana, California