Indiana's Consumer Data Protection Act (INCDPA), signed by Governor Eric Holcomb on May 1, 2023, takes effect January 1, 2026. Indiana's law is closely modeled on Virginia's CDPA and follows the mainstream state privacy law approach. The INCDPA provides all standard consumer rights including access, correction, deletion, portability, and opt-out of sale, targeted advertising, and profiling. Sensitive data processing requires opt-in consent. Indiana includes a 30-day cure period and does not require businesses to honor universal opt-out signals. The law contains broad exemptions for employment data, financial data under GLBA, health data under HIPAA, and publicly available information.
Residents of Indiana have the following legally enforceable privacy rights under INCDPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The INCDPA applies to controllers conducting business in Indiana or targeting Indiana residents AND that during a calendar year control or process personal data of at least 100,000 consumers, or control or process personal data of at least 25,000 consumers while deriving more than 50% of gross revenue from selling personal data. Standard exemptions for government entities, HIPAA-covered entities, financial institutions, nonprofits, and higher education institutions apply.
Under INCDPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under INCDPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The Indiana Attorney General has exclusive enforcement authority. A 30-day written cure notice is required before the AG may initiate a civil action. Civil penalties up to $7,500 per violation are available, with each day of violation counted separately. There is no private right of action. The AG's Consumer Protection Division oversees enforcement.
To exercise your rights under INCDPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a Indiana resident invoking rights under INCDPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the Indiana Attorney General's office.
| Term | Definition Under INCDPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |