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Can I ignore consumer requests for information or deletion in Indiana? What are the requirements?

Consumer Requests for Information or Deletion in Indiana

Indiana law requires licensees to provide initial notice to consumers and allow them to opt out of the disclosure of their nonpublic personal financial information [1.1][1.3]. Licensees cannot ignore consumer requests for information or deletion [1.1][1.3].

If a consumer requests information about the nonpublic personal financial information that the licensee has collected about them, the licensee must provide the information within a reasonable time [1.1][1.3]. If a consumer requests deletion of their nonpublic personal financial information, the licensee must delete the information within a reasonable time [1.1][1.3].

Requirements for Initial Notice and Opt-Out

Licensees must provide initial notice to consumers in section 3(a)(2) of the rule [1.1][1.3]. The notice must include the following information:

  • The categories of nonpublic personal financial information that the licensee collects
  • The categories of nonpublic personal financial information that the licensee discloses
  • The categories of affiliates and nonaffiliated third parties to whom the licensee discloses nonpublic personal financial information
  • The categories of nonpublic personal financial information that the licensee discloses to its affiliates and nonaffiliated third parties
  • An explanation of the consumer’s right to opt out of the disclosure of their nonpublic personal financial information
  • A reasonable means for the consumer to opt out

Licensees must also allow consumers to opt out of the disclosure of their nonpublic personal financial information [1.1][1.3]. The opt-out notice must include the following information:

  • A statement that the licensee discloses nonpublic personal financial information to affiliates and nonaffiliated third parties
  • A statement that the consumer has the right to opt out of the disclosure of their nonpublic personal financial information
  • A reasonable means for the consumer to opt out

Exceptions to Opt-Out Requirements

There are exceptions to the opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing [1.2]. Licensees can provide nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice in accordance with section 3 of the rule and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information [1.2].

Conclusion

Indiana law requires licensees to provide initial notice to consumers and allow them to opt out of the disclosure of their nonpublic personal financial information. Licensees cannot ignore consumer requests for information or deletion. There are exceptions to the opt-out requirements for disclosure of nonpublic personal financial information for service providers and joint marketing.

Source(s):
Jurisdiction

Indiana