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Can I disclose personal information for a business purpose without complying with CCPA in Indiana? What are the requirements?
Disclosure of Personal Information in Indiana
In Indiana, the disclosure of personal information is defined as engaging in a practice or conduct to make available and make known personal information contained in an individual record about an individual to a person by any means of communication [1.2]:" >IC 9-32-2-10.3.
CCPA and Indiana
The California Consumer Privacy Act (CCPA) applies to businesses that collect personal information of California residents. However, Indiana does not have a similar law.
Requirements for Disclosing Personal Information
If you are disclosing personal information for a business purpose in Indiana, you must comply with any applicable federal or state laws and regulations. For example, Senate Enrolled Act No. 290 requires the Bureau of Motor Vehicles to provide a report to the budget committee that includes the amount of revenue received by the bureau in the calendar year in exchange for the disclosure of personal information or data to any person or entity [3.1]:" >SB 290.
Additionally, if you are disclosing personal information for a business purpose, you should have a privacy policy that outlines the types of personal information you collect, how you use it, and with whom you share it. You should also provide individuals with the ability to opt-out of the sale of their personal information, if applicable.
Personal Information Requirements
In Indiana, “personal information” means information that identifies an individual, including an individual’s digital photograph or image, Social Security number, driver’s license or identification document number, name, address, telephone number, or medical or disability information [IC 9-32-2-18.7][1.2][3.1].
Preconditions for Disclosure of Personal Information
Before disclosing personal information, the division may require the requesting person to satisfy certain conditions for the purpose of ascertaining the correct identity of the requesting person, that the use of the disclosed information will be only as authorized, or that the consent of the person who is the subject of the information has been obtained [IC 9-32-3-9][1.3].
Conclusion
Indiana does not have a law similar to CCPA, but businesses must comply with applicable federal and state laws and regulations when disclosing personal information. It is recommended that businesses have a privacy policy that outlines their data collection and sharing practices. Before disclosing personal information, businesses should ensure that they comply with any applicable preconditions and have obtained the necessary consent.
Source(s):
- [1.2] “Personal information”
- [3.1] “Personal information”
- [1.3] Preconditions for disclosure of personal information
Jurisdiction
Indiana