Indiana 2022 Regular Session

Indiana Senate Bill SB0358 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ES0358~~.1
2		-	~~February 17, 2022~~
3		-	~~ENGROSSED~~
	1	+	SB0358.2
	2	+	Reprinted
	3	+	February 1, 2022
4	4		SENATE BILL No. 358
5	5		_____
6		-	DIGEST OF SB 358 (Updated ~~February 16~~, 2022 8:~~05 am~~ - DI 75)
	6	+	DIGEST OF SB 358 (Updated January 31, 2022 5:26 pm - DI 101)
7	7		Citations Affected: IC 24-15.
8	8		Synopsis: Consumer data protection. Establishes a new article in the
9	9		Indiana Code concerning consumer data protection, to take effect
10	10		January 1, 2025. Sets forth the following within the new article: (1)
11	11		Definitions of various terms that apply throughout the article. (2)
12	12		Exemptions from the bill's requirements concerning the responsibilities
13	13		of controllers of consumers' personal data. (3) The rights of an Indiana
14		-	(Continued next page)
15		-	Effective: January 1, 2025.
16		-	Brown L, Buchanan, Perfect, Koch,
17		-	Pol Jr.
18		-	(HOUSE SPONSORS — MORRIS, TESHKA, DAVISSON J., ANDRADE)
19		-	January 12, 2022, read first time and referred to Committee on Commerce and Technology.
20		-	January 27, 2022, amended, reported favorably — Do Pass.
21		-	January 31, 2022, read second time, amended, ordered engrossed.
22		-	February 1, 2022, engrossed. Read third time, passed. Yeas 49, nays 0.
23		-	HOUSE ACTION
24		-	February 7, 2022, read first time and referred to Committee on Commerce, Small Business
25		-	and Economic Development.
26		-	February 17, 2022, amended, reported — Do Pass.
27		-	ES 358—LS 7186/DI 101 Digest Continued
28	14		consumer to do the following: (A) Confirm whether or not a controller
29	15		is processing the consumer's personal data. (B) Correct inaccuracies in
30	16		the consumer's personal data that the consumer previously provided to
31	17		a controller. (C) Delete the consumer's personal data held by a
32	18		controller. (D) Obtain a copy or representative summary of the
33	19		consumer's personal data that the consumer previously provided to the
34	20		controller. (E) Opt out of the processing of the consumer's personal
35	21		data for certain purposes. (4) The responsibilities of controllers of
36	22		consumers' personal data. (5) The roles of controllers and processors
37	23		with respect to a consumer's personal data. (6) Requirements for data
38	24		protection assessments by controllers of consumers' personal data. (7)
39	25		Requirements for processing de-identified data or pseudonymous data.
40	26		(8) Limitations as to the scope of the new article. (9) The authority of
41	27		the attorney general to investigate and enforce suspected or actual
42	28		violations of the new article. (10) The preemption of local rules,
43	29		regulation, and laws regarding the processing of personal data.
44		-	ES 358—LS 7186/DI 101ES 358—LS 7186/DI 101 February 17, 2022
	30	+	Effective: January 1, 2025.
	31	+	Brown L, Buchanan, Perfect, Koch,
	32	+	Pol Jr.
	33	+	January 12, 2022, read first time and referred to Committee on Commerce and Technology.
	34	+	January 27, 2022, amended, reported favorably — Do Pass.
	35	+	January 31, 2022, read second time, amended, ordered engrossed.
	36	+	SB 358—LS 7186/DI 101 Reprinted
	37	+	February 1, 2022
45	38		Second Regular Session of the 122nd General Assembly (2022)
46	39		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
47	40		Constitution) is being amended, the text of the existing provision will appear in this style type,
48	41		additions will appear in this style type, and deletions will appear in this style type.
49	42		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
50	43		provision adopted), the text of the new provision will appear in this style type. Also, the
51	44		word NEW will appear in that style type in the introductory clause of each SECTION that adds
52	45		a new provision to the Indiana Code or the Indiana Constitution.
53	46		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
54	47		between statutes enacted by the 2021 Regular Session of the General Assembly.
55		-	ENGROSSED
56	48		SENATE BILL No. 358
57	49		A BILL FOR AN ACT to amend the Indiana Code concerning trade
58	50		regulation.
59	51		Be it enacted by the General Assembly of the State of Indiana:
60	52		1 SECTION 1. IC 24-15 IS ADDED TO THE INDIANA CODE AS
61	53		2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE
62	54		3 JANUARY 1, 2025]:
63	55		4 ARTICLE 15. CONSUMER DATA PROTECTION
64	56		5 Chapter 1. Applicability
65	57		6 Sec. 1. (a) This article applies to a person that conducts business
66	58		7 in Indiana or produces products or services that are targeted to
67	59		8 residents of Indiana and that:
68	60		9 (1) during a calendar year controls or processes personal data
69	61		10 of at least one hundred thousand (100,000) consumers; or
70	62		11 (2) controls or processes personal data of at least twenty-five
71	63		12 thousand (25,000) consumers and derives more than fifty
72	64		13 percent (50%) of gross revenue from the sale of personal data.
73		-	14 (b) This article does not apply to any of the following:
74		-	15 (1) Any of the following:
75		-	ES 358—LS 7186/DI 101 2
76		-	1 (A) A body, authority, board, bureau, commission, district,
77		-	2 or agency of the state or of any political subdivision of the
78		-	3 state.
79		-	4 (B) A third party under contract with an entity described
80		-	5 in clause (A), when acting on behalf of the entity. This
81		-	6 clause does exempt data held or created by third parties
82		-	7 outside of the scope of the contract with the entity.
83		-	8 (2) Any financial institutions and affiliates, or data subject to
84		-	9 Title V of the federal Gramm-Leach-Bliley Act (15 U.S.C.
85		-	10 6801 et seq.).
86		-	11 (3) Any covered entity or business associate governed by the
87		-	12 privacy, security, and breach notification rules issued by the
88		-	13 United States Department of Health and Human Services (45
89		-	14 CFR Parts 160 and 164) pursuant to HIPAA.
90		-	15 (4) Any nonprofit organization.
91		-	16 (5) Any institution of higher education.
92		-	17 (6) Any public utility (as defined in IC 8-1-2-1(a)) or service
93		-	18 company affiliated with a public utility (as defined in
94		-	19 IC 8-1-2-1(a)). For purposes of this subdivision, "service
95		-	20 company" means an associate company within a holding
96		-	21 company system organized specifically for the purpose of
97		-	22 providing goods or services to a public utility (as defined in
98		-	23 IC 8-1-2-1(a)) in the same holding company system.
99		-	24 Sec. 2. The following information and data are exempt from this
100		-	25 article:
101		-	26 (1) Protected health information under HIPAA.
102		-	27 (2) Patient identifying information for purposes of 42 U.S.C.
103		-	28 290dd-2.
104		-	29 (3) Any of the following:
105		-	30 (A) Identifiable private information for purposes of the
106		-	31 federal policy for the protection of human subjects under
107		-	32 45 CFR Part 46.
108		-	33 (B) Identifiable private information that is otherwise
109		-	34 information collected as part of human subjects research
110		-	35 under the good clinical practice guidelines issued by the
111		-	36 International Council for Harmonisation of Technical
112		-	37 Requirements for Pharmaceuticals for Human Use.
113		-	38 (C) The protection of human subjects under 21 CFR Parts
114		-	39 6, 50, and 56.
115		-	40 (D) Personal data used or shared in research conducted in
116		-	41 accordance with the requirements set forth in this article.
117		-	42 (E) Other research conducted in accordance with
118		-	ES 358—LS 7186/DI 101 3
119		-	1 applicable law.
120		-	2 (4) Information and documents created for purposes of the
121		-	3 federal Health Care Quality Improvement Act of 1986 (42
122		-	4 U.S.C. 11101 et seq.).
123		-	5 (5) Patient safety work product for purposes of the federal
124		-	6 Patient Safety and Quality Improvement Act (42 U.S.C.
125		-	7 299b-21 et seq.).
126		-	8 (6) Information derived from any of the health care related
127		-	9 information set forth in this section that is de-identified in
128		-	10 accordance with the requirements for de-identification under
129		-	11 HIPAA.
130		-	12 (7) Information:
131		-	13 (A) originating from;
132		-	14 (B) intermingled with so as to be indistinguishable from; or
133		-	15 (C) treated in the same manner as;
134		-	16 information that is exempt under this section and that is
135		-	17 maintained by a covered entity or business associate, as
136		-	18 defined in HIPAA, or a program or qualified service
137		-	19 organization, as defined in 42 U.S.C. 290dd-2.
138		-	20 (8) Information used only for public health activities and
139		-	21 purposes, as authorized by HIPAA.
140		-	22 (9) The collection, maintenance, disclosure, sale,
141		-	23 communication, or use of any personal information bearing
142		-	24 on a consumer's credit worthiness, credit standing, credit
143		-	25 capacity, character, general reputation, personal
144		-	26 characteristics, or mode of living by:
145		-	27 (A) a consumer reporting agency, furnisher, or user that
146		-	28 provides information for use in a consumer report; or
147		-	29 (B) a user of a consumer report;
148		-	30 but only to the extent that such activity is regulated by and
149		-	31 authorized under the federal Fair Credit Reporting Act (15
150		-	32 U.S.C. 1681 et seq.).
151		-	33 (10) Personal data collected, processed, sold, or disclosed in
152		-	34 compliance with the federal Driver's Privacy Protection Act
153		-	35 of 1994 (18 U.S.C. 2721 et seq.).
154		-	36 (11) Personal data regulated by the federal Family
155		-	37 Educational Rights and Privacy Act (20 U.S.C. 1232g et seq.).
156		-	38 (12) Personal data collected, processed, sold, or disclosed in
157		-	39 compliance with the federal Farm Credit Act (12 U.S.C. 2001
158		-	40 et seq.).
159		-	41 (13) Data processed or maintained:
160		-	42 (A) in the course of an individual applying to, employed by,
161		-	ES 358—LS 7186/DI 101 4
162		-	1 or acting as an agent or independent contractor of a
163		-	2 controller, processor, or third party, to the extent that the
164		-	3 data is collected and used within the context of that role;
165		-	4 (B) as emergency contact information for an individual
166		-	5 under this article and used for emergency contact
167		-	6 purposes; or
168		-	7 (C) that is necessary to retain to administer benefits for
169		-	8 another individual relating to the individual under clause
170		-	9 (A) and used for the purposes of administering those
171		-	10 benefits.
172		-	11 Sec. 3. A:
173		-	12 (1) controller; or
174		-	13 (2) processor;
175		-	14 that complies with the Children's Online Privacy Protection Act
176		-	15 (15 U.S.C. 6501 et seq.), and with any rules or regulations under
177		-	16 that act, satisfies any obligation to obtain parental consent under
178		-	17 this article.
179		-	18 Chapter 2. Definitions
180		-	19 Sec. 0.5. The definitions in this chapter apply throughout this
181		-	20 article.
182		-	21 Sec. 1. (a) "Affiliate" means a legal entity that:
183		-	22 (1) controls, is controlled by, or is under common control with
184		-	23 another legal entity; or
185		-	24 (2) shares common branding with another legal entity.
186		-	25 (b) For purposes of this section, "control", with respect to a
187		-	26 company, means:
188		-	27 (1) ownership of, or the power to vote, more than fifty percent
189		-	28 (50%) of the outstanding shares of any class of voting security
190		-	29 of the company;
191		-	30 (2) control in any manner over the election of a majority of
192		-	31 the directors or of individuals exercising similar functions; or
193		-	32 (3) the power to exercise controlling influence over the
194		-	33 management of the company.
195		-	34 Sec. 2. "Aggregate data" means information:
196		-	35 (1) that relates to a group or category of consumers;
197		-	36 (2) from which individual consumer identities have been
198		-	37 removed; and
199		-	38 (3) that is not linked or reasonably linkable to any consumer.
200		-	39 Sec. 3. "Authenticate" means to verify through reasonable
201		-	40 means that a consumer who is entitled to exercise the personal data
202		-	41 rights provided by IC 24-15-3 is the same consumer exercising such
203		-	42 rights with respect to particular personal data.
204		-	ES 358—LS 7186/DI 101 5
205		-	1 Sec. 4. (a) "Biometric data" means data that:
206		-	2 (1) is generated by automatic measurements of an individual's
207		-	3 biological characteristics, such as a fingerprint, a voiceprint,
208		-	4 images of the retina or iris, or other unique biological
209		-	5 patterns or characteristics; and
210		-	6 (2) is used to identify a specific individual.
211		-	7 (b) The term does not include:
212		-	8 (1) a physical or digital photograph;
213		-	9 (2) a video or audio recording, or data generated from a video
214		-	10 or audio recording; or
215		-	11 (3) information collected, used, or stored for health care
216		-	12 treatment, payment, or operations under HIPAA.
217		-	13 Sec. 5. "Business associate" has the meaning set forth in 45 CFR
218		-	14 160.103.
219		-	15 Sec. 6. "Child" means any individual who is less than thirteen
220		-	16 (13) years of age.
221		-	17 Sec. 7. (a) "Consent" means a clear affirmative act that signifies
222		-	18 a consumer's freely given, specific, informed, and unambiguous
223		-	19 agreement to process personal data relating to the consumer.
224		-	20 (b) For purposes of this section, a "clear affirmative act"
225		-	21 includes a written statement, including a statement written by
226		-	22 electronic means, or any other unambiguous affirmative action.
227		-	23 Sec. 8. (a) "Consumer" means an individual who:
228		-	24 (1) is a resident of Indiana; and
229		-	25 (2) is acting only for a personal, family, or household purpose.
230		-	26 (b) The term does not include an individual acting in a
231		-	27 commercial or employment context.
232		-	28 Sec. 9. "Controller" means a person that, alone or jointly with
233		-	29 others, determines the purpose and means of processing personal
	65	+	14 (b) This article does not apply to any:
	66	+	15 (1) body, authority, board, bureau, commission, district, or
	67	+	SB 358—LS 7186/DI 101 2
	68	+	1 agency of the state or of any political subdivision of the state;
	69	+	2 (2) financial institutions and affiliates, or data subject to Title
	70	+	3 V of the federal Gramm-Leach-Bliley Act (15 U.S.C. 6801 et
	71	+	4 seq.);
	72	+	5 (3) covered entity or business associate governed by the
	73	+	6 privacy, security, and breach notification rules issued by the
	74	+	7 United States Department of Health and Human Services (45
	75	+	8 CFR Parts 160 and 164) pursuant to HIPAA;
	76	+	9 (4) nonprofit organization;
	77	+	10 (5) institution of higher education; or
	78	+	11 (6) public utility (as defined in IC 8-1-2-1(a)) or service
	79	+	12 company affiliated with a public utility (as defined in
	80	+	13 IC 8-1-2-1(a)). For purposes of this subdivision, "service
	81	+	14 company" means an associate company within a holding
	82	+	15 company system organized specifically for the purpose of
	83	+	16 providing goods or services to a public utility (as defined in
	84	+	17 IC 8-1-2-1(a)) in the same holding company system.
	85	+	18 Sec. 2. The following information and data are exempt from this
	86	+	19 article:
	87	+	20 (1) Protected health information under HIPAA.
	88	+	21 (2) Patient identifying information for purposes of 42 U.S.C.
	89	+	22 290dd-2.
	90	+	23 (3) Any of the following:
	91	+	24 (A) Identifiable private information for purposes of the
	92	+	25 federal policy for the protection of human subjects under
	93	+	26 45 CFR Part 46.
	94	+	27 (B) Identifiable private information that is otherwise
	95	+	28 information collected as part of human subjects research
	96	+	29 under the good clinical practice guidelines issued by the
	97	+	30 International Council for Harmonisation of Technical
	98	+	31 Requirements for Pharmaceuticals for Human Use.
	99	+	32 (C) The protection of human subjects under 21 CFR Parts
	100	+	33 6, 50, and 56.
	101	+	34 (D) Personal data used or shared in research conducted in
	102	+	35 accordance with the requirements set forth in this article.
	103	+	36 (E) Other research conducted in accordance with
	104	+	37 applicable law.
	105	+	38 (4) Information and documents created for purposes of the
	106	+	39 federal Health Care Quality Improvement Act of 1986 (42
	107	+	40 U.S.C. 11101 et seq.).
	108	+	41 (5) Patient safety work product for purposes of the federal
	109	+	42 Patient Safety and Quality Improvement Act (42 U.S.C.
	110	+	SB 358—LS 7186/DI 101 3
	111	+	1 299b-21 et seq.).
	112	+	2 (6) Information derived from any of the health care related
	113	+	3 information set forth in this section that is de-identified in
	114	+	4 accordance with the requirements for de-identification under
	115	+	5 HIPAA.
	116	+	6 (7) Information:
	117	+	7 (A) originating from;
	118	+	8 (B) intermingled with so as to be indistinguishable from; or
	119	+	9 (C) treated in the same manner as;
	120	+	10 information that is exempt under this section and that is
	121	+	11 maintained by a covered entity or business associate, as
	122	+	12 defined in HIPAA, or a program or qualified service
	123	+	13 organization, as defined in 42 U.S.C. 290dd-2.
	124	+	14 (8) Information used only for public health activities and
	125	+	15 purposes, as authorized by HIPAA.
	126	+	16 (9) The collection, maintenance, disclosure, sale,
	127	+	17 communication, or use of any personal information bearing
	128	+	18 on a consumer's credit worthiness, credit standing, credit
	129	+	19 capacity, character, general reputation, personal
	130	+	20 characteristics, or mode of living by:
	131	+	21 (A) a consumer reporting agency, furnisher, or user that
	132	+	22 provides information for use in a consumer report; or
	133	+	23 (B) a user of a consumer report;
	134	+	24 but only to the extent that such activity is regulated by and
	135	+	25 authorized under the federal Fair Credit Reporting Act (15
	136	+	26 U.S.C. 1681 et seq.).
	137	+	27 (10) Personal data collected, processed, sold, or disclosed in
	138	+	28 compliance with the federal Driver's Privacy Protection Act
	139	+	29 of 1994 (18 U.S.C. 2721 et seq.).
	140	+	30 (11) Personal data regulated by the federal Family
	141	+	31 Educational Rights and Privacy Act (20 U.S.C. 1232g et seq.).
	142	+	32 (12) Personal data collected, processed, sold, or disclosed in
	143	+	33 compliance with the federal Farm Credit Act (12 U.S.C. 2001
	144	+	34 et seq.).
	145	+	35 (13) Data processed or maintained:
	146	+	36 (A) in the course of an individual applying to, employed by,
	147	+	37 or acting as an agent or independent contractor of a
	148	+	38 controller, processor, or third party, to the extent that the
	149	+	39 data is collected and used within the context of that role;
	150	+	40 (B) as emergency contact information for an individual
	151	+	41 under this article and used for emergency contact
	152	+	42 purposes; or
	153	+	SB 358—LS 7186/DI 101 4
	154	+	1 (C) that is necessary to retain to administer benefits for
	155	+	2 another individual relating to the individual under clause
	156	+	3 (A) and used for the purposes of administering those
	157	+	4 benefits.
	158	+	5 Sec. 3. A:
	159	+	6 (1) controller; or
	160	+	7 (2) processor;
	161	+	8 that complies with the Children's Online Privacy Protection Act
	162	+	9 (15 U.S.C. 6501 et seq.), and with any rules or regulations under
	163	+	10 that act, satisfies any obligation to obtain parental consent under
	164	+	11 this article.
	165	+	12 Chapter 2. Definitions
	166	+	13 Sec. 0.5. The definitions in this chapter apply throughout this
	167	+	14 article.
	168	+	15 Sec. 1. (a) "Affiliate" means a legal entity that:
	169	+	16 (1) controls, is controlled by, or is under common control with
	170	+	17 another legal entity; or
	171	+	18 (2) shares common branding with another legal entity.
	172	+	19 (b) For purposes of this section, "control", with respect to a
	173	+	20 company, means:
	174	+	21 (1) ownership of, or the power to vote, more than fifty percent
	175	+	22 (50%) of the outstanding shares of any class of voting security
	176	+	23 of the company;
	177	+	24 (2) control in any manner over the election of a majority of
	178	+	25 the directors or of individuals exercising similar functions; or
	179	+	26 (3) the power to exercise controlling influence over the
	180	+	27 management of the company.
	181	+	28 Sec. 2. "Aggregate data" means information:
	182	+	29 (1) that relates to a group or category of consumers;
	183	+	30 (2) from which individual consumer identities have been
	184	+	31 removed; and
	185	+	32 (3) that is not linked or reasonably linkable to any consumer.
	186	+	33 Sec. 3. "Authenticate" means to verify through reasonable
	187	+	34 means that a consumer who is entitled to exercise the personal data
	188	+	35 rights provided by IC 24-15-3 is the same consumer exercising such
	189	+	36 rights with respect to particular personal data.
	190	+	37 Sec. 4. (a) "Biometric data" means data that:
	191	+	38 (1) is generated by automatic measurements of an individual's
	192	+	39 biological characteristics, such as a fingerprint, a voiceprint,
	193	+	40 images of the retina or iris, or other unique biological
	194	+	41 patterns or characteristics; and
	195	+	42 (2) is used to identify a specific individual.
	196	+	SB 358—LS 7186/DI 101 5
	197	+	1 (b) The term does not include:
	198	+	2 (1) a physical or digital photograph;
	199	+	3 (2) a video or audio recording, or data generated from a video
	200	+	4 or audio recording; or
	201	+	5 (3) information collected, used, or stored for health care
	202	+	6 treatment, payment, or operations under HIPAA.
	203	+	7 Sec. 5. "Business associate" has the meaning set forth in 45 CFR
	204	+	8 160.103.
	205	+	9 Sec. 6. "Child" means any individual who is less than thirteen
	206	+	10 (13) years of age.
	207	+	11 Sec. 7. (a) "Consent" means a clear affirmative act that signifies
	208	+	12 a consumer's freely given, specific, informed, and unambiguous
	209	+	13 agreement to process personal data relating to the consumer.
	210	+	14 (b) For purposes of this section, a "clear affirmative act"
	211	+	15 includes a written statement, including a statement written by
	212	+	16 electronic means, or any other unambiguous affirmative action.
	213	+	17 Sec. 8. (a) "Consumer" means an individual who:
	214	+	18 (1) is a resident of Indiana; and
	215	+	19 (2) is acting only for a personal, family, or household purpose.
	216	+	20 (b) The term does not include an individual acting in a
	217	+	21 commercial or employment context.
	218	+	22 Sec. 9. "Controller" means a person that, alone or jointly with
	219	+	23 others, determines the purpose and means of processing personal
	220	+	24 data.
	221	+	25 Sec. 10. "Covered entity" has the meaning set forth in 45 CFR
	222	+	26 160.103.
	223	+	27 Sec. 11. "Decision that produces legal or similarly significant
	224	+	28 effects concerning a consumer" means a decision made by a
	225	+	29 controller that results in the provision or denial by the controller
	226	+	30 of:
	227	+	31 (1) financial and lending services;
	228	+	32 (2) housing;
	229	+	33 (3) insurance;
	230	+	34 (4) education enrollment;
	231	+	35 (5) criminal justice;
	232	+	36 (6) employment opportunities;
	233	+	37 (7) health care services; or
	234	+	38 (8) access to basic necessities, such as food and water.
	235	+	39 Sec. 12. "De-identified data" means data that cannot reasonably
	236	+	40 be linked to an identified or identifiable individual because a
	237	+	41 controller that possesses the data:
	238	+	42 (1) takes reasonable measures to ensure that the data cannot
	239	+	SB 358—LS 7186/DI 101 6
	240	+	1 be associated with an individual;
	241	+	2 (2) publicly commits to maintaining and using the data
	242	+	3 without attempting to re-identify the data; and
	243	+	4 (3) obligates any recipients of the data through contractual
	244	+	5 requirements to comply with all applicable provisions of this
	245	+	6 article.
	246	+	7 Sec. 13. "Health care provider" has the meaning set forth in
	247	+	8 IC 4-6-14-2.
	248	+	9 Sec. 14. "Health record" has the meaning set forth in
	249	+	10 IC 1-1-4-5(a)(6).
	250	+	11 Sec. 15. "HIPAA" refers to the federal Health Insurance
	251	+	12 Portability and Accountability Act of 1996 (42 U.S.C. 1320d et
	252	+	13 seq.).
	253	+	14 Sec. 16. "Identified or identifiable individual" means an
	254	+	15 individual who can be readily identified, directly or indirectly.
	255	+	16 Sec. 17. "Institution of higher education" means a public or
	256	+	17 private college or university.
	257	+	18 Sec. 18. "Nonprofit organization" means any organization
	258	+	19 exempt from taxation under Section 501(c)(3), 501(c)(6), or
	259	+	20 501(c)(12) of the Internal Revenue Code.
	260	+	21 Sec. 19. (a) "Personal data" means information that is linked or
	261	+	22 reasonably linkable to an identified or identifiable consumer.
	262	+	23 (b) The term does not include:
	263	+	24 (1) de-identified data;
	264	+	25 (2) aggregate data; or
	265	+	26 (3) publicly available information.
	266	+	27 Sec. 20. (a) "Precise geolocation data" means information
	267	+	28 derived from technology, including global positioning system level
	268	+	29 latitude and longitude coordinates, that directly identifies the
	269	+	30 specific location of a natural person with precision and accuracy
	270	+	31 within a radius of one thousand seven hundred fifty (1,750) feet.
	271	+	32 (b) The term does not include the content of communications or
	272	+	33 any data generated by or connected to advanced utility metering
	273	+	34 infrastructure systems or equipment for use by a utility.
	274	+	35 Sec. 21. "Processing", with respect to personal data, means any
	275	+	36 operation or set of operations performed, whether by manual or
	276	+	37 automated means, on personal data or on sets of personal data,
	277	+	38 such as the collection, use, storage, disclosure, analysis, deletion, or
	278	+	39 modification of personal data.
	279	+	40 Sec. 22. "Processor" means a person that processes personal
	280	+	41 data on behalf of a controller.
	281	+	42 Sec. 23. "Profiling" means any form of solely automated
	282	+	SB 358—LS 7186/DI 101 7
	283	+	1 processing performed on personal data to evaluate, analyze, or
	284	+	2 predict personal aspects related to an identified or identifiable
	285	+	3 individual's economic situation, health, personal preferences,
	286	+	4 interests, reliability, behavior, location, or movements.
	287	+	5 Sec. 24. "Protected health information" has the meaning set
	288	+	6 forth in 45 CFR 160.103.
	289	+	7 Sec. 25. "Pseudonymous data" means personal data that cannot
	290	+	8 be attributed to a specific individual because additional
	291	+	9 information that would allow the data to be attributed to a specific
	292	+	10 individual is:
	293	+	11 (1) kept separately; and
	294	+	12 (2) subject to appropriate technical and organizational
	295	+	13 measures;
	296	+	14 to ensure that the personal data is not attributed to an identified or
	297	+	15 identifiable individual.
	298	+	16 Sec. 26. "Publicly available information" means information:
	299	+	17 (1) that is lawfully made available through federal, state, or
	300	+	18 local government records; or
	301	+	19 (2) that a business has a reasonable basis to believe is lawfully
	302	+	20 made available:
	303	+	21 (A) to the general public through widely distributed media;
	304	+	22 (B) by the consumer; or
	305	+	23 (C) by a person to whom the consumer has disclosed the
	306	+	24 information;
	307	+	25 unless the consumer has restricted the information to a
	308	+	26 specific audience.
	309	+	27 Sec. 27. (a) "Sale of personal data" means the exchange of
	310	+	28 personal data for monetary consideration by a controller to a third
	311	+	29 party.
	312	+	30 (b) The term does not include:
	313	+	31 (1) the disclosure of personal data to a processor that
	314	+	32 processes the personal data on behalf of the controller;
	315	+	33 (2) the disclosure of personal data to a third party for
	316	+	34 purposes of providing a product or service requested by the
	317	+	35 consumer or the parent of a child;
	318	+	36 (3) the disclosure or transfer of personal data to an affiliate of
	319	+	37 the controller;
	320	+	38 (4) the disclosure of information that the consumer:
	321	+	39 (A) intentionally made available to the general public via
	322	+	40 a channel of mass media; and
	323	+	41 (B) did not restrict to a specific audience; or
	324	+	42 (5) the disclosure or transfer of personal data to a third party
	325	+	SB 358—LS 7186/DI 101 8
	326	+	1 as an asset that is part of a proposed or actual merger,
	327	+	2 acquisition, bankruptcy, or other transaction in which the
	328	+	3 third party assumes control of all or part of the controller's
	329	+	4 assets.
	330	+	5 Sec. 28. "Sensitive data" means a category of personal data that
	331	+	6 includes:
	332	+	7 (1) personal data revealing racial or ethnic origin, religious
	333	+	8 beliefs, a mental or physical health diagnosis, sexual
	334	+	9 orientation, or citizenship or immigration status;
	335	+	10 (2) genetic or biometric data that is processed for the purpose
	336	+	11 of uniquely identifying a specific individual;
	337	+	12 (3) personal data collected from a known child; and
	338	+	13 (4) precise geolocation data.
	339	+	14 Sec. 29. "State agency" has the meaning set forth in IC 1-1-15-3.
	340	+	15 Sec. 30. (a) "Targeted advertising" means the displaying of an
	341	+	16 advertisement to a consumer in which the advertisement is selected
	342	+	17 based on personal data obtained from that consumer's activities
	343	+	18 over time and across nonaffiliated websites or online applications
	344	+	19 to predict the consumer's preferences or interests.
	345	+	20 (b) The term does not include:
	346	+	21 (1) advertisements based on activities within a controller's
	347	+	22 own or affiliated websites or online applications;
	348	+	23 (2) advertisements based on the context of a consumer's
	349	+	24 current search query, visit to a website, or online application;
	350	+	25 (3) advertisements directed to a consumer in response to the
	351	+	26 consumer's request for information or feedback; or
	352	+	27 (4) the processing of personal data solely for measuring or
	353	+	28 reporting advertising performance, reach, or frequency.
	354	+	29 Sec. 31. "Third party", with respect to a context to which this
	355	+	30 article applies, means a natural or legal person, public authority,
	356	+	31 agency, or body other than:
	357	+	32 (1) the consumer;
	358	+	33 (2) the controller;
	359	+	34 (3) the processor; or
	360	+	35 (4) an affiliate of the processor or the controller.
	361	+	36 Sec. 32. "Trade secret" has the meaning set forth in IC 24-2-3-2.
	362	+	37 Chapter 3. Personal Data; Consumer Rights
	363	+	38 Sec. 1. (a) A consumer may invoke one (1) or more rights set
	364	+	39 forth in subsection (b) by submitting to a controller a request
	365	+	40 specifying the rights the consumer wishes to invoke. A known
	366	+	41 child's parent or legal guardian may invoke on behalf of the child
	367	+	42 one (1) or more rights set forth in subsection (b) with respect to the
	368	+	SB 358—LS 7186/DI 101 9
	369	+	1 processing of personal data belonging to the known child by
	370	+	2 submitting to a controller a request specifying the rights the
	371	+	3 consumer wishes to invoke on behalf of the child. Except as
	372	+	4 provided in IC 24-15-7-1(c) and IC 24-15-7-2, and subject to any
	373	+	5 limitations or conditions set forth in subsections (b) and (c), a
	374	+	6 controller shall comply with an authenticated consumer request to
	375	+	7 exercise a right set forth in subsection (b).
	376	+	8 (b) A consumer has the following rights:
	377	+	9 (1) To confirm whether or not a controller is processing the
	378	+	10 consumer's personal data and, subject to the limitations set
	379	+	11 forth in subdivision (4), to access such personal data.
	380	+	12 (2) To correct inaccuracies in the consumer's personal data
	381	+	13 that the consumer previously provided to a controller, taking
	382	+	14 into account the nature of the personal data and the purposes
	383	+	15 of the processing of the consumer's personal data. Upon
	384	+	16 receiving a request from a consumer under this subdivision,
	385	+	17 a controller shall correct inaccurate information as requested
	386	+	18 by the consumer, taking into account the nature of the
	387	+	19 personal data and the purposes of the processing of the
	388	+	20 consumer's personal data.
	389	+	21 (3) To delete personal data provided by or obtained about the
	390	+	22 consumer.
	391	+	23 (4) To obtain either:
	392	+	24 (A) a copy of; or
	393	+	25 (B) a representative summary of;
	394	+	26 the consumer's personal data that the consumer previously
	395	+	27 provided to the controller. Information provided to a
	396	+	28 consumer under this subdivision must be in a portable and, to
	397	+	29 the extent technically practicable, readily usable format that
	398	+	30 allows the consumer to transmit the data or summary to
	399	+	31 another controller without hindrance, in any case in which the
	400	+	32 processing is carried out by automated means. The controller
	401	+	33 has the discretion to send either a copy or a representative
	402	+	34 summary of the consumer's personal data under this
	403	+	35 subdivision, taking into account the nature of the personal
	404	+	36 data and the purposes of the processing of the consumer's
	405	+	37 personal data. A controller is not required to provide a copy
	406	+	38 or a representative summary of a consumer's personal data
	407	+	39 to the same consumer under this subdivision more than one
	408	+	40 (1) time in a twelve (12) month period.
	409	+	41 (5) To opt out of the processing of the consumer's personal
	410	+	42 data for purposes of:
	411	+	SB 358—LS 7186/DI 101 10
	412	+	1 (A) targeted advertising;
	413	+	2 (B) the sale of personal data; or
	414	+	3 (C) profiling in furtherance of decisions that produce legal
	415	+	4 or similarly significant effects concerning the consumer.
	416	+	5 (c) Except as otherwise provided in this article, a controller shall
	417	+	6 comply with a request by a consumer to exercise a consumer right
	418	+	7 set forth in subsection (b) as follows:
	419	+	8 (1) A controller shall respond to the consumer without undue
	420	+	9 delay, but in any case not later than forty-five (45) days after
	421	+	10 receipt of the consumer's request under this section. The
	422	+	11 response period prescribed by this subdivision may be
	423	+	12 extended once by an additional forty-five (45) days when
	424	+	13 reasonably necessary, taking into account the complexity and
	425	+	14 number of the consumer's requests, as long as the controller
	426	+	15 informs the consumer of any such extension within the initial
	427	+	16 forty-five (45) day response period, along with the reason for
	428	+	17 the extension.
	429	+	18 (2) If a controller declines to take action regarding the
	430	+	19 consumer's request, the controller shall inform the consumer
	431	+	20 without undue delay, but in any case not later than forty-five
	432	+	21 (45) days after receipt of the consumer's request under this
	433	+	22 section, of the justification for declining to take action, and
	434	+	23 shall provide instructions for how to appeal the decision
	435	+	24 under subsection (d).
	436	+	25 (3) Information provided in response to a consumer request
	437	+	26 shall be provided by a controller free of charge, up to one (1)
	438	+	27 time annually per consumer. If requests from a consumer are
	439	+	28 manifestly unfounded, excessive, or repetitive, the controller
	440	+	29 may charge the consumer a reasonable fee to cover the
	441	+	30 administrative costs of complying with the request or decline
	442	+	31 to act on the request. The controller bears the burden of
	443	+	32 demonstrating the manifestly unfounded, excessive, or
	444	+	33 repetitive nature of the request.
	445	+	34 (4) If a controller is unable to authenticate the request using
	446	+	35 commercially reasonable efforts, the controller shall not be
	447	+	36 required to comply with a request to initiate an action under
	448	+	37 this section and may request that the consumer provide
	449	+	38 additional information reasonably necessary to authenticate
	450	+	39 the consumer and the consumer's request.
	451	+	40 (d) A controller shall establish a process for a consumer to
	452	+	41 appeal, within a reasonable period of time after the consumer's
	453	+	42 receipt of a decision by the controller under subsection (c)(2), the
	454	+	SB 358—LS 7186/DI 101 11
	455	+	1 controller's refusal to take action on a request by the consumer
	456	+	2 under this section. The appeal process shall be conspicuously
	457	+	3 available and similar to the process for submitting requests to
	458	+	4 invoke a right under this section. Not later than sixty (60) days
	459	+	5 after receipt of an appeal, a controller shall inform the consumer
	460	+	6 in writing of any action taken or not taken in response to the
	461	+	7 appeal, including a written explanation of the reasons for the
	462	+	8 decisions. If the appeal is denied, the controller shall also provide
	463	+	9 the consumer with an online mechanism, if available, or other
	464	+	10 method through which the consumer may contact the attorney
	465	+	11 general to submit a complaint.
	466	+	12 Chapter 4. Data Controller Responsibilities; Transparency
	467	+	13 Sec. 1. Except as provided in IC 24-15-7-2, a controller has the
	468	+	14 following responsibilities:
	469	+	15 (1) A controller shall limit the collection of personal data to
	470	+	16 what is adequate, relevant, and reasonably necessary in
	471	+	17 relation to the purposes for which such data is processed, as
	472	+	18 disclosed to the consumer.
	473	+	19 (2) Except as otherwise provided in this article, a controller
	474	+	20 shall not process personal data for purposes that are neither
	475	+	21 reasonably necessary to nor compatible with the disclosed
	476	+	22 purposes for which the personal data is processed, unless the
	477	+	23 controller obtains the consumer's consent.
	478	+	24 (3) A controller shall establish, implement, and maintain
	479	+	25 reasonable administrative, technical, and physical data
	480	+	26 security practices to protect the confidentiality, integrity, and
	481	+	27 accessibility of personal data. The data security practices
	482	+	28 required under this subdivision must be appropriate to the
	483	+	29 volume and nature of the personal data at issue.
	484	+	30 (4) A controller shall not process personal data in violation of
	485	+	31 state and federal laws that prohibit unlawful discrimination
	486	+	32 against consumers. A controller shall not discriminate against
	487	+	33 a consumer for exercising any of the consumer rights set forth
	488	+	34 in this article, including by denying goods or services to the
	489	+	35 consumer, charging different prices or rates for goods and
	490	+	36 services, or providing a different level or quality of goods or
	491	+	37 services to the consumer. However, nothing in this subdivision
	492	+	38 shall be construed to:
	493	+	39 (A) require a controller to provide a product or service
	494	+	40 that requires the personal data of a consumer that the
	495	+	41 controller does not collect or maintain; or
	496	+	42 (B) prohibit a controller from offering a different price,
	497	+	SB 358—LS 7186/DI 101 12
	498	+	1 rate, level, quality, or selection of goods or services to a
	499	+	2 consumer, including offering goods or services for no fee,
	500	+	3 if the consumer has exercised the consumer's right to opt
	501	+	4 out under IC 24-15-3-1(b)(5) or if the offer is related to a
	502	+	5 consumer's voluntary participation in a bona fide loyalty,
	503	+	6 rewards, premium features, discount, or club card
	504	+	7 program.
	505	+	8 (5) A controller shall not process sensitive data concerning a
	506	+	9 consumer without obtaining the consumer's consent, or, in the
	507	+	10 case of the processing of sensitive data concerning a known
	508	+	11 child, without processing such data in accordance with the
	509	+	12 federal Children's Online Privacy Protection Act (15 U.S.C.
	510	+	13 6501 et seq.).
	511	+	14 Sec. 2. Any provision of a contract or agreement of any kind
	512	+	15 that purports to waive or limit in any way a consumer's rights
	513	+	16 under IC 24-15-3 is contrary to public policy and is void and
	514	+	17 unenforceable.
	515	+	18 Sec. 3. A controller shall provide consumers with a reasonably
	516	+	19 accessible, clear, and meaningful privacy notice that includes:
	517	+	20 (1) the categories of personal data processed by the controller;
	518	+	21 (2) the purpose for processing personal data;
	519	+	22 (3) how consumers may exercise their consumer rights under
	520	+	23 IC 24-15-3, including how a consumer may appeal a
	521	+	24 controller's decision with regard to the consumer's request;
	522	+	25 (4) the categories of personal data that the controller shares
	523	+	26 with third parties, if any; and
	524	+	27 (5) the categories of third parties, if any, with whom the
	525	+	28 controller shares personal data.
	526	+	29 Sec. 4. If a controller sells a consumer's personal data to third
	527	+	30 parties or uses a consumer's personal data for targeted advertising,
	528	+	31 the controller shall clearly and conspicuously disclose such activity,
	529	+	32 as well as the manner in which a consumer may exercise the right
	530	+	33 to opt out of such sales or use.
	531	+	34 Sec. 5. A controller shall establish, and shall describe in a
	532	+	35 privacy notice provided under section 3 of this chapter, one (1) or
	533	+	36 more secure and reliable means for consumers to submit a request
	534	+	37 to exercise their rights under IC 24-15-3. Such means must take
	535	+	38 into account:
	536	+	39 (1) the ways in which consumers normally interact with the
	537	+	40 controller;
	538	+	41 (2) the need for the secure and reliable communication of such
	539	+	42 requests; and
	540	+	SB 358—LS 7186/DI 101 13
	541	+	1 (3) the ability of the controller to authenticate the identity of
	542	+	2 the consumer making the request.
	543	+	3 A controller may not require a consumer to create a new account
	544	+	4 in order to exercise the consumer's rights under IC 24-15-3 but
	545	+	5 may require a consumer to use an existing account.
	546	+	6 Chapter 5. Responsibility According to Role; Controllers and
	547	+	7 Processors
	548	+	8 Sec. 1. A processor shall adhere to the instructions of a
	549	+	9 controller and shall assist the controller in meeting its obligations
	550	+	10 under this chapter. Such assistance shall include the following:
	551	+	11 (1) Fulfilling the controller's obligation to respond to
	552	+	12 consumer requests under IC 24-15-3 by appropriate technical
	553	+	13 and organizational measures, insofar as this is reasonably
	554	+	14 practicable, and taking into account the nature of processing
	555	+	15 and the information available to the processor.
	556	+	16 (2) Taking into account the nature of processing and the
	557	+	17 information available to the processor, assisting the controller
	558	+	18 in meeting the controller's obligations in relation to:
	559	+	19 (A) the security of processing the personal data; and
	560	+	20 (B) the notification of a breach of security of the system of
	561	+	21 the processor under IC 24-4.9;
	562	+	22 in order to meet the controller's obligations.
	563	+	23 (3) Providing necessary information to enable the controller
	564	+	24 to conduct and document data protection assessments under
	565	+	25 IC 24-15-6.
	566	+	26 Sec. 2. (a) A contract between a controller and a processor shall
	567	+	27 govern the processor's data processing procedures with respect to
	568	+	28 processing performed on behalf of the controller. The contract
	569	+	29 must be binding and clearly set forth instructions for processing
	570	+	30 personal data, the nature and purpose of processing, the type of
	571	+	31 data subject to processing, the duration of processing, and the
	572	+	32 rights and obligations of both parties. The contract must also
	573	+	33 include requirements that the processor do the following:
	574	+	34 (1) Ensure that each individual processing personal data is
	575	+	35 subject to a duty of confidentiality with respect to the data.
	576	+	36 (2) At the controller's direction, delete or return all personal
	577	+	37 data to the controller as requested at the end of the provision
	578	+	38 of services, unless retention of the personal data is required by
	579	+	39 law.
	580	+	40 (3) Upon the reasonable request of the controller, make
	581	+	41 available to the controller all information in its possession
	582	+	42 necessary to demonstrate the processor's compliance with the
	583	+	SB 358—LS 7186/DI 101 14
	584	+	1 obligations in this chapter.
	585	+	2 (4) Allow, and cooperate with, reasonable assessments by the
	586	+	3 controller or the controller's designated assessor.
	587	+	4 Alternatively, the processor may arrange for a qualified and
	588	+	5 independent assessor to conduct an assessment of the
	589	+	6 processor's policies and technical and organizational
	590	+	7 measures in support of the processor's obligations under this
	591	+	8 chapter using an appropriate and accepted control standard
	592	+	9 or framework and assessment procedure for such
	593	+	10 assessments. The processor shall provide a report of any such
	594	+	11 assessment to the controller upon request.
	595	+	12 (5) Subject to subsection (b), engage any subcontractor
	596	+	13 pursuant to a written contract that requires the subcontractor
	597	+	14 to meet the obligations of the processor with respect to the
	598	+	15 personal data.
	599	+	16 (b) Nothing in this section shall be construed to relieve a
	600	+	17 controller or a processor from the liabilities imposed on the
	601	+	18 controller or processor by virtue of its role in the processing
	602	+	19 relationship.
	603	+	20 Sec. 3. Determining whether a person is acting as a controller or
	604	+	21 a processor with respect to a specific processing of data is a fact
	605	+	22 based determination that depends upon the context in which
	606	+	23 personal data is processed. A processor that continues to adhere to
	607	+	24 a controller's instructions with respect to a specific processing of
	608	+	25 personal data remains a processor.
	609	+	26 Chapter 6. Data Protection Assessments
	610	+	27 Sec. 1. (a) The data protection assessment requirements set
	611	+	28 forth in this chapter apply to processing activities created or
	612	+	29 generated after December 31, 2024, and are not retroactive to any
	613	+	30 processing activities created or generated before January 1, 2025.
	614	+	31 (b) A controller shall conduct and document a data protection
	615	+	32 assessment of each of the following processing activities involving
	616	+	33 personal data:
	617	+	34 (1) The processing of personal data for purposes of targeted
	618	+	35 advertising.
	619	+	36 (2) The sale of personal data.
	620	+	37 (3) The processing of personal data for purposes of profiling,
	621	+	38 if such profiling presents a reasonably foreseeable risk of:
	622	+	39 (A) unfair or deceptive treatment of, or unlawful disparate
	623	+	40 impact on, consumers;
	624	+	41 (B) financial, physical, or reputational injury to
	625	+	42 consumers;
	626	+	SB 358—LS 7186/DI 101 15
	627	+	1 (C) a physical or other intrusion upon the solitude or
	628	+	2 seclusion, or the private affairs or concerns, of consumers,
	629	+	3 if such intrusion would be offensive to a reasonable person;
	630	+	4 or
	631	+	5 (D) other substantial injury to consumers.
	632	+	6 (4) The processing of sensitive data.
	633	+	7 (5) Any processing activities involving personal data that
	634	+	8 present a heightened risk of harm to consumers.
	635	+	9 (c) Data protection assessments conducted under this chapter
	636	+	10 shall identify and weigh the benefits that may flow, directly and
	637	+	11 indirectly, from the processing to the controller, the consumer,
	638	+	12 other stakeholders, and the public against the potential risks to the
	639	+	13 rights of the consumer associated with such processing, as
	640	+	14 mitigated by safeguards that can be employed by the controller to
	641	+	15 reduce such risks. The use of de-identified data and the reasonable
	642	+	16 expectations of consumers, as well as the context of the processing
	643	+	17 and the relationship between the controller and the consumer
	644	+	18 whose personal data will be processed, shall be factored into this
	645	+	19 assessment by the controller.
	646	+	20 (d) A single data protection assessment may address a
	647	+	21 comparable set of processing operations that include similar
	648	+	22 activities.
	649	+	23 (e) A data protection assessment conducted by a controller for
	650	+	24 the purpose of compliance with other laws or regulations may be
	651	+	25 used to comply with this section if the assessment has a reasonably
	652	+	26 comparable scope and effect to an assessment conducted under this
	653	+	27 section.
	654	+	28 Sec. 2. (a) The attorney general may request, pursuant to a civil
	655	+	29 investigative demand, that a controller disclose any data protection
	656	+	30 assessment that is relevant to an investigation conducted by the
	657	+	31 attorney general. Upon receipt of such a request, the controller
	658	+	32 shall make the data protection assessment available to the attorney
	659	+	33 general. Subject to subsection (b), the attorney general may
	660	+	34 evaluate the data protection assessment for a controller's
	661	+	35 compliance with the responsibilities set forth in IC 24-15-4.
	662	+	36 (b) Data protection assessments are confidential and exempt
	663	+	37 from public inspection and copying under IC 5-14-3-4. The
	664	+	38 disclosure of a data protection assessment pursuant to a request
	665	+	39 from the attorney general does not constitute a waiver of
	666	+	40 attorney-client privilege or work product protection with respect
	667	+	41 to the assessment and any information contained in the assessment.
	668	+	42 Chapter 7. Processing De-identified Data or Pseudonymous
	669	+	SB 358—LS 7186/DI 101 16
	670	+	1 Data; Exemptions
	671	+	2 Sec. 1. (a) A controller in possession of de-identified data shall:
	672	+	3 (1) take reasonable measures to ensure that the data cannot
	673	+	4 be associated with an individual;
	674	+	5 (2) publicly commit to maintaining and using de-identified
	675	+	6 data without attempting to re-identify the data; and
	676	+	7 (3) contractually obligate any recipients of the de-identified
	677	+	8 data to comply with all provisions of this chapter.
	678	+	9 (b) This chapter shall not be construed to require a controller
	679	+	10 or processor to:
	680	+	11 (1) re-identify de-identified data or pseudonymous data;
	681	+	12 (2) maintain data in identifiable form; or
	682	+	13 (3) collect, obtain, retain, or access any data or technology, in
	683	+	14 order to be capable of associating an authenticated consumer
	684	+	15 request with personal data.
	685	+	16 (c) This chapter shall not be construed to require a controller or
	686	+	17 processor to comply with a request of a consumer under IC 24-15-3
	687	+	18 if all of the following conditions are met:
	688	+	19 (1) The controller is not reasonably capable of associating the
	689	+	20 request with the personal data or it would be unreasonably
	690	+	21 burdensome for the controller to associate the request with
	691	+	22 the personal data.
	692	+	23 (2) The controller does not use the personal data to recognize
	693	+	24 or respond to the specific consumer who is the subject of the
	694	+	25 personal data, or associate the personal data with other
	695	+	26 personal data about the same specific consumer.
	696	+	27 (3) The controller does not sell the personal data to any third
	697	+	28 party or otherwise voluntarily disclose the personal data to
	698	+	29 any third party other than a processor.
	699	+	30 Sec. 2. The:
	700	+	31 (1) rights of a consumer set forth in IC 24-15-3-1(b)(1)
	701	+	32 through IC 24-15-3-1(b)(4); and
	702	+	33 (2) responsibilities of a controller under IC 24-15-4-1(1)
	703	+	34 through IC 24-15-4-1(4);
	704	+	35 do not apply to pseudonymous data in any case in which the
	705	+	36 controller is able to demonstrate that any information necessary to
	706	+	37 identify the consumer is kept separately and is subject to effective
	707	+	38 technical and organizational controls that prevent the controller
	708	+	39 from accessing such information.
	709	+	40 Sec. 3. A controller that discloses pseudonymous data or
	710	+	41 de-identified data shall exercise reasonable oversight to monitor
	711	+	42 compliance with any contractual commitments to which the
	712	+	SB 358—LS 7186/DI 101 17
	713	+	1 pseudonymous data or de-identified data is subject and shall take
	714	+	2 appropriate steps to address any breaches of those contractual
	715	+	3 commitments.
	716	+	4 Chapter 8. Limitations
	717	+	5 Sec. 1. (a) This article shall not be construed to restrict a
	718	+	6 controller's or processor's ability to do any of the following:
	719	+	7 (1) Comply with federal, state, or local laws, rules, or
	720	+	8 regulations.
	721	+	9 (2) Comply with a civil, criminal, or regulatory inquiry,
	722	+	10 investigation, subpoena, or summons by a federal, state, local,
	723	+	11 or other governmental authority.
	724	+	12 (3) Cooperate with law enforcement agencies concerning
	725	+	13 conduct or activity that the controller or processor reasonably
	726	+	14 and in good faith believes may violate federal, state, or local
	727	+	15 laws, rules, or regulations.
	728	+	16 (4) Investigate, establish, exercise, prepare for, or defend legal
	729	+	17 claims.
	730	+	18 (5) Provide a product or service specifically requested by a
	731	+	19 consumer, perform a contract to which the consumer, or a
	732	+	20 parent of a child, is a party, including fulfilling the terms of a
	733	+	21 written warranty, or take steps at the request of the consumer
	734	+	22 or parent before entering into a contract.
	735	+	23 (6) Take immediate steps to protect an interest that is
	736	+	24 essential for the life or physical safety of the consumer or of
	737	+	25 another individual, if the processing cannot be manifestly
	738	+	26 based on another legal basis.
	739	+	27 (7) Prevent, detect, protect against, or respond to security
	740	+	28 incidents, identity theft, fraud, harassment, malicious or
	741	+	29 deceptive activities, or any illegal activity, to preserve the
	742	+	30 integrity or security of systems, or to investigate, report, or
	743	+	31 prosecute those responsible for any such action.
	744	+	32 (8) Engage in public or peer reviewed scientific or statistical
	745	+	33 research that is in the public interest and that adheres to all
	746	+	34 applicable ethics and privacy laws and is approved,
	747	+	35 monitored, and governed by an institutional review board, or
	748	+	36 a similar independent oversight entity, that determines if:
	749	+	37 (A) the information is likely to provide substantial benefits
	750	+	38 that do not exclusively accrue to the controller;
	751	+	39 (B) the expected benefits of the research outweigh the
	752	+	40 privacy risks; and
	753	+	41 (C) the controller has implemented reasonable safeguards
	754	+	42 to mitigate privacy risks associated with research,
	755	+	SB 358—LS 7186/DI 101 18
	756	+	1 including any risks associated with re-identification.
	757	+	2 (9) Assist another controller, processor, or third party with
	758	+	3 any obligation described in this section.
	759	+	4 (b) Processing personal data for a purposes expressly identified
	760	+	5 in subsection (a)(1) through (a)(9) does not by itself make a person
	761	+	6 a controller with respect to such processing.
	762	+	7 Sec. 2. The obligations imposed on a controller or a processor
	763	+	8 under this article do not restrict a controller's or processor's
	764	+	9 ability to collect, use, or retain data to do the following:
	765	+	10 (1) Conduct internal research to develop, improve, or repair
	766	+	11 products, services, or technology.
	767	+	12 (2) Effectuate a product recall.
	768	+	13 (3) Identify and repair technical errors that impair existing or
	769	+	14 intended functionality.
	770	+	15 (4) Perform internal operations that are:
	771	+	16 (A) reasonably aligned with the expectations of the
	772	+	17 consumer;
	773	+	18 (B) reasonably anticipated based on the consumer's
	774	+	19 existing relationship with the controller; or
	775	+	20 (C) otherwise compatible with:
	776	+	21 (i) processing data in furtherance of the provision of a
	777	+	22 product or service specifically requested by a consumer,
	778	+	23 or the parent of a child; or
	779	+	24 (ii) the performance of a contract to which the consumer
	780	+	25 is a party.
	781	+	26 Sec. 3. The obligations imposed on a controller or a processor
	782	+	27 under this article do not apply if compliance by the controller or
	783	+	28 processor with this article would violate an evidentiary privilege
	784	+	29 under Indiana law. This article shall not be construed to prevent
	785	+	30 a controller or processor from providing, as part of a privileged
	786	+	31 communication, personal data concerning a consumer to a person
	787	+	32 covered by an evidentiary privilege under Indiana law.
	788	+	33 Sec. 4. A controller or processor that discloses personal data to
	789	+	34 a third party controller or processor in compliance with this article
	790	+	35 is not in violation of this article if the third party controller or
	791	+	36 processor that receives and processes the personal data violates
	792	+	37 this article, as long as, at the time of disclosing the personal data,
	793	+	38 the disclosing controller or processor did not have actual
	794	+	39 knowledge that the recipient intended to commit a violation. A
	795	+	40 third party controller or processor receiving personal data from a
	796	+	41 controller or processor is likewise not in violation of this article
	797	+	42 solely because of the transgressions of the controller or processor
	798	+	SB 358—LS 7186/DI 101 19
	799	+	1 from which it receives such personal data.
	800	+	2 Sec. 5. This article:
	801	+	3 (1) shall not be construed as an obligation imposed on
	802	+	4 controllers and processors that adversely affects the rights or
	803	+	5 freedoms of any persons, such as exercising the right of free
	804	+	6 speech under the First Amendment to the Constitution of the
	805	+	7 United States; and
	806	+	8 (2) does not apply to personal data in the context of a purely
	807	+	9 personal or household activity.
	808	+	10 Sec. 6. Nothing in this article shall be construed as requiring a
	809	+	11 controller to disclose trade secrets.
	810	+	12 Sec. 7. (a) Personal data processed by a controller for a purpose
	811	+	13 authorized under this chapter may not be processed for any other
	812	+	14 purpose unless otherwise allowed under this article. Personal data
	813	+	15 processed by a controller under this chapter may be processed to
	814	+	16 the extent that such processing is:
	815	+	17 (1) reasonably necessary and proportionate to a purpose
	816	+	18 authorized under this chapter; and
	817	+	19 (2) adequate, relevant, and limited to what is necessary in
	818	+	20 relation to the specific purpose.
	819	+	21 (b) Personal data collected, used, or retained under section 2 of
	820	+	22 this chapter shall, as applicable, take into account the nature and
	821	+	23 purpose of the collection, use, or retention. Any personal data
	822	+	24 collected, used, or retained must be subject to reasonable
	823	+	25 administrative, technical, and physical measures to:
	824	+	26 (1) protect the confidentiality, integrity, and accessibility of
	825	+	27 the personal data; and
	826	+	28 (2) reduce reasonably foreseeable risks of harm to consumers
	827	+	29 relating to such collection, use, or retention of the personal
234	828		30 data.
235		-	31 Sec. 10. "Covered entity" has the meaning set forth in 45 CFR
236		-	32 160.103.
237		-	33 Sec. 11. "Decision that produces legal or similarly significant
238		-	34 effects concerning a consumer" means a decision made by a
239		-	35 controller that results in the provision or denial by the controller
240		-	36 of:
241		-	37 (1) financial and lending services;
242		-	38 (2) housing;
243		-	39 (3) insurance;
244		-	40 (4) education enrollment;
245		-	41 (5) criminal justice;
246		-	42 (6) employment opportunities;
247		-	ES 358—LS 7186/DI 101 6
248		-	1 (7) health care services; or
249		-	2 (8) access to basic necessities, such as food and water.
250		-	3 Sec. 12. "De-identified data" means data that cannot reasonably
251		-	4 be linked to an identified or identifiable individual because a
252		-	5 controller that possesses the data:
253		-	6 (1) takes reasonable measures to ensure that the data cannot
254		-	7 be associated with an individual;
255		-	8 (2) publicly commits to maintaining and using the data
256		-	9 without attempting to re-identify the data; and
257		-	10 (3) obligates any recipients of the data through contractual
258		-	11 requirements to comply with all applicable provisions of this
259		-	12 article.
260		-	13 Sec. 13. "Health care provider" has the meaning set forth in
261		-	14 IC 4-6-14-2.
262		-	15 Sec. 14. "Health record" has the meaning set forth in
263		-	16 IC 1-1-4-5(a)(6).
264		-	17 Sec. 15. "HIPAA" refers to the federal Health Insurance
265		-	18 Portability and Accountability Act of 1996 (42 U.S.C. 1320d et
266		-	19 seq.).
267		-	20 Sec. 16. "Identified or identifiable individual" means an
268		-	21 individual who can be readily identified, directly or indirectly.
269		-	22 Sec. 17. "Institution of higher education" means a public or
270		-	23 private college or university.
271		-	24 Sec. 18. "Nonprofit organization" means any organization
272		-	25 exempt from taxation under Section 501(c)(3), 501(c)(6), or
273		-	26 501(c)(12) of the Internal Revenue Code.
274		-	27 Sec. 19. (a) "Personal data" means information that is linked or
275		-	28 reasonably linkable to an identified or identifiable consumer.
276		-	29 (b) The term does not include:
277		-	30 (1) de-identified data;
278		-	31 (2) aggregate data; or
279		-	32 (3) publicly available information.
280		-	33 Sec. 20. (a) "Precise geolocation data" means information
281		-	34 derived from technology, including global positioning system level
282		-	35 latitude and longitude coordinates, that directly identifies the
283		-	36 specific location of a natural person with precision and accuracy
284		-	37 within a radius of one thousand seven hundred fifty (1,750) feet.
285		-	38 (b) The term does not include the content of communications or
286		-	39 any data generated by or connected to advanced utility metering
287		-	40 infrastructure systems or equipment for use by a utility.
288		-	41 Sec. 21. "Processing", with respect to personal data, means any
289		-	42 operation or set of operations performed, whether by manual or
290		-	ES 358—LS 7186/DI 101 7
291		-	1 automated means, on personal data or on sets of personal data,
292		-	2 such as the collection, use, storage, disclosure, analysis, deletion, or
293		-	3 modification of personal data.
294		-	4 Sec. 22. "Processor" means a person that processes personal
295		-	5 data on behalf of a controller.
296		-	6 Sec. 23. "Profiling" means any form of solely automated
297		-	7 processing performed on personal data to evaluate, analyze, or
298		-	8 predict personal aspects related to an identified or identifiable
299		-	9 individual's economic situation, health, personal preferences,
300		-	10 interests, reliability, behavior, location, or movements.
301		-	11 Sec. 24. "Protected health information" has the meaning set
302		-	12 forth in 45 CFR 160.103.
303		-	13 Sec. 25. "Pseudonymous data" means personal data that cannot
304		-	14 be attributed to a specific individual because additional
305		-	15 information that would allow the data to be attributed to a specific
306		-	16 individual is:
307		-	17 (1) kept separately; and
308		-	18 (2) subject to appropriate technical and organizational
309		-	19 measures;
310		-	20 to ensure that the personal data is not attributed to an identified or
311		-	21 identifiable individual.
312		-	22 Sec. 26. "Publicly available information" means information:
313		-	23 (1) that is lawfully made available through federal, state, or
314		-	24 local government records; or
315		-	25 (2) that a business has a reasonable basis to believe is lawfully
316		-	26 made available:
317		-	27 (A) to the general public through widely distributed media;
318		-	28 (B) by the consumer; or
319		-	29 (C) by a person to whom the consumer has disclosed the
320		-	30 information;
321		-	31 unless the consumer has restricted the information to a
322		-	32 specific audience.
323		-	33 Sec. 27. (a) "Sale of personal data" means the exchange of
324		-	34 personal data for monetary consideration by a controller to a third
325		-	35 party.
326		-	36 (b) The term does not include:
327		-	37 (1) the disclosure of personal data to a processor that
328		-	38 processes the personal data on behalf of the controller;
329		-	39 (2) the disclosure of personal data to a third party for
330		-	40 purposes of providing a product or service requested by the
331		-	41 consumer or the parent of a child;
332		-	42 (3) the disclosure or transfer of personal data to an affiliate of
333		-	ES 358—LS 7186/DI 101 8
334		-	1 the controller;
335		-	2 (4) the disclosure of information that the consumer:
336		-	3 (A) intentionally made available to the general public via
337		-	4 a channel of mass media; and
338		-	5 (B) did not restrict to a specific audience; or
339		-	6 (5) the disclosure or transfer of personal data to a third party
340		-	7 as an asset that is part of a proposed or actual merger,
341		-	8 acquisition, bankruptcy, or other transaction in which the
342		-	9 third party assumes control of all or part of the controller's
343		-	10 assets.
344		-	11 Sec. 28. "Sensitive data" means a category of personal data that
345		-	12 includes:
346		-	13 (1) personal data revealing racial or ethnic origin, religious
347		-	14 beliefs, a mental or physical health diagnosis, sexual
348		-	15 orientation, or citizenship or immigration status;
349		-	16 (2) genetic or biometric data that is processed for the purpose
350		-	17 of uniquely identifying a specific individual;
351		-	18 (3) personal data collected from a known child; and
352		-	19 (4) precise geolocation data.
353		-	20 Sec. 29. "State agency" has the meaning set forth in IC 1-1-15-3.
354		-	21 Sec. 30. (a) "Targeted advertising" means the displaying of an
355		-	22 advertisement to a consumer in which the advertisement is selected
356		-	23 based on personal data obtained from that consumer's activities
357		-	24 over time and across nonaffiliated websites or online applications
358		-	25 to predict the consumer's preferences or interests.
359		-	26 (b) The term does not include:
360		-	27 (1) advertisements based on activities within a controller's
361		-	28 own or affiliated web sites or online applications;
362		-	29 (2) advertisements based on the context of a consumer's
363		-	30 current search query, visit to a web site, or online application;
364		-	31 (3) advertisements directed to a consumer in response to the
365		-	32 consumer's request for information or feedback; or
366		-	33 (4) the processing of personal data solely for measuring or
367		-	34 reporting advertising performance, reach, or frequency.
368		-	35 Sec. 31. "Third party", with respect to a context to which this
369		-	36 article applies, means a natural or legal person, public authority,
370		-	37 agency, or body other than:
371		-	38 (1) the consumer;
372		-	39 (2) the controller;
373		-	40 (3) the processor; or
374		-	41 (4) an affiliate of the processor or the controller.
375		-	42 Sec. 32. "Trade secret" has the meaning set forth in IC 24-2-3-2.
376		-	ES 358—LS 7186/DI 101 9
377		-	1 Chapter 3. Personal Data; Consumer Rights
378		-	2 Sec. 1. (a) A consumer may invoke one (1) or more rights set
379		-	3 forth in subsection (b) by submitting to a controller a request
380		-	4 specifying the rights the consumer wishes to invoke. A known
381		-	5 child's parent or legal guardian may invoke on behalf of the child
382		-	6 one (1) or more rights set forth in subsection (b) with respect to the
383		-	7 processing of personal data belonging to the known child by
384		-	8 submitting to a controller a request specifying the rights the
385		-	9 consumer wishes to invoke on behalf of the child. Except as
386		-	10 provided in IC 24-15-7-1(c) and IC 24-15-7-2, and subject to any
387		-	11 limitations or conditions set forth in subsections (b) and (c), a
388		-	12 controller shall comply with an authenticated consumer request to
389		-	13 exercise a right set forth in subsection (b).
390		-	14 (b) A consumer has the following rights:
391		-	15 (1) To confirm whether or not a controller is processing the
392		-	16 consumer's personal data and, subject to the limitations set
393		-	17 forth in subdivision (4), to access such personal data.
394		-	18 (2) To correct inaccuracies in the consumer's personal data
395		-	19 that the consumer previously provided to a controller, taking
396		-	20 into account the nature of the personal data and the purposes
397		-	21 of the processing of the consumer's personal data. Upon
398		-	22 receiving a request from a consumer under this subdivision,
399		-	23 a controller shall correct inaccurate information as requested
400		-	24 by the consumer, taking into account the nature of the
401		-	25 personal data and the purposes of the processing of the
402		-	26 consumer's personal data.
403		-	27 (3) To delete personal data provided by or obtained about the
404		-	28 consumer.
405		-	29 (4) To obtain either:
406		-	30 (A) a copy of; or
407		-	31 (B) a representative summary of;
408		-	32 the consumer's personal data that the consumer previously
409		-	33 provided to the controller. Information provided to a
410		-	34 consumer under this subdivision must be in a portable and, to
411		-	35 the extent technically practicable, readily usable format that
412		-	36 allows the consumer to transmit the data or summary to
413		-	37 another controller without hindrance, in any case in which the
414		-	38 processing is carried out by automated means. The controller
415		-	39 has the discretion to send either a copy or a representative
416		-	40 summary of the consumer's personal data under this
417		-	41 subdivision, taking into account the nature of the personal
418		-	42 data and the purposes of the processing of the consumer's
419		-	ES 358—LS 7186/DI 101 10
420		-	1 personal data. A controller is not required to provide a copy
421		-	2 or a representative summary of a consumer's personal data
422		-	3 to the same consumer under this subdivision more than one
423		-	4 (1) time in a twelve (12) month period.
424		-	5 (5) To opt out of the processing of the consumer's personal
425		-	6 data for purposes of:
426		-	7 (A) targeted advertising;
427		-	8 (B) the sale of personal data; or
428		-	9 (C) profiling in furtherance of decisions that produce legal
429		-	10 or similarly significant effects concerning the consumer.
430		-	11 (c) Except as otherwise provided in this article, a controller shall
431		-	12 comply with a request by a consumer to exercise a consumer right
432		-	13 set forth in subsection (b) as follows:
433		-	14 (1) A controller shall respond to the consumer without undue
434		-	15 delay, but in any case not later than forty-five (45) days after
435		-	16 receipt of the consumer's request under this section. The
436		-	17 response period prescribed by this subdivision may be
437		-	18 extended once by an additional forty-five (45) days when
438		-	19 reasonably necessary, taking into account the complexity and
439		-	20 number of the consumer's requests, as long as the controller
440		-	21 informs the consumer of any such extension within the initial
441		-	22 forty-five (45) day response period, along with the reason for
442		-	23 the extension.
443		-	24 (2) If a controller declines to take action regarding the
444		-	25 consumer's request, the controller shall inform the consumer
445		-	26 without undue delay, but in any case not later than forty-five
446		-	27 (45) days after receipt of the consumer's request under this
447		-	28 section, of the justification for declining to take action, and
448		-	29 shall provide instructions for how to appeal the decision
449		-	30 under subsection (d).
450		-	31 (3) Information provided in response to a consumer request
451		-	32 shall be provided by a controller free of charge, up to one (1)
452		-	33 time annually per consumer. If requests from a consumer are
453		-	34 manifestly unfounded, excessive, or repetitive, the controller
454		-	35 may charge the consumer a reasonable fee to cover the
455		-	36 administrative costs of complying with the request or decline
456		-	37 to act on the request. The controller bears the burden of
457		-	38 demonstrating the manifestly unfounded, excessive, or
458		-	39 repetitive nature of the request.
459		-	40 (4) If a controller is unable to authenticate the request using
460		-	41 commercially reasonable efforts, the controller shall not be
461		-	42 required to comply with a request to initiate an action under
462		-	ES 358—LS 7186/DI 101 11
463		-	1 this section and may request that the consumer provide
464		-	2 additional information reasonably necessary to authenticate
465		-	3 the consumer and the consumer's request.
466		-	4 (d) A controller shall establish a process for a consumer to
467		-	5 appeal, within a reasonable period of time after the consumer's
468		-	6 receipt of a decision by the controller under subsection (c)(2), the
469		-	7 controller's refusal to take action on a request by the consumer
470		-	8 under this section. The appeal process shall be conspicuously
471		-	9 available and similar to the process for submitting requests to
472		-	10 invoke a right under this section. Not later than sixty (60) days
473		-	11 after receipt of an appeal, a controller shall inform the consumer
474		-	12 in writing of any action taken or not taken in response to the
475		-	13 appeal, including a written explanation of the reasons for the
476		-	14 decisions. If the appeal is denied, the controller shall also provide
477		-	15 the consumer with an online mechanism, if available, or other
478		-	16 method through which the consumer may contact the attorney
479		-	17 general to submit a complaint.
480		-	18 Chapter 4. Data Controller Responsibilities; Transparency
481		-	19 Sec. 1. Except as provided in IC 24-15-7-2, a controller has the
482		-	20 following responsibilities:
483		-	21 (1) A controller shall limit the collection of personal data to
484		-	22 what is adequate, relevant, and reasonably necessary in
485		-	23 relation to the purposes for which such data is processed, as
486		-	24 disclosed to the consumer.
487		-	25 (2) Except as otherwise provided in this article, a controller
488		-	26 shall not process personal data for purposes that are neither
489		-	27 reasonably necessary for nor compatible with the disclosed
490		-	28 purposes for which the personal data is processed, unless the
491		-	29 controller obtains the consumer's consent.
492		-	30 (3) A controller shall establish, implement, and maintain
493		-	31 reasonable administrative, technical, and physical data
494		-	32 security practices to protect the confidentiality, integrity, and
495		-	33 accessibility of personal data. The data security practices
496		-	34 required under this subdivision must be appropriate to the
497		-	35 volume and nature of the personal data at issue.
498		-	36 (4) A controller shall not process personal data in violation of
499		-	37 state and federal laws that prohibit unlawful discrimination
500		-	38 against consumers. A controller shall not discriminate against
501		-	39 a consumer for exercising any of the consumer rights set forth
502		-	40 in this article, including by denying goods or services to the
503		-	41 consumer, charging different prices or rates for goods and
504		-	42 services, or providing a different level or quality of goods or
505		-	ES 358—LS 7186/DI 101 12
506		-	1 services to the consumer. However, nothing in this subdivision
507		-	2 shall be construed to:
508		-	3 (A) require a controller to provide a product or service
509		-	4 that requires the personal data of a consumer that the
510		-	5 controller does not collect or maintain; or
511		-	6 (B) prohibit a controller from offering a different price,
512		-	7 rate, level, quality, or selection of goods or services to a
513		-	8 consumer, including offering goods or services for no fee,
514		-	9 if the consumer has exercised the consumer's right to opt
515		-	10 out under IC 24-15-3-1(b)(5) or if the offer is related to a
516		-	11 consumer's voluntary participation in a bona fide loyalty,
517		-	12 rewards, premium features, discount, or club card
518		-	13 program.
519		-	14 (5) A controller shall not process sensitive data concerning a
520		-	15 consumer without obtaining the consumer's consent, or, in the
521		-	16 case of the processing of sensitive data concerning a known
522		-	17 child, without processing such data in accordance with the
523		-	18 federal Children's Online Privacy Protection Act (15 U.S.C.
524		-	19 6501 et seq.).
525		-	20 Sec. 2. Any provision of a contract or agreement of any kind
526		-	21 that purports to waive or limit in any way a consumer's rights
527		-	22 under IC 24-15-3 is contrary to public policy and is void and
528		-	23 unenforceable.
529		-	24 Sec. 3. A controller shall provide consumers with a reasonably
530		-	25 accessible, clear, and meaningful privacy notice that includes:
531		-	26 (1) the categories of personal data processed by the controller;
532		-	27 (2) the purpose for processing personal data;
533		-	28 (3) how consumers may exercise their consumer rights under
534		-	29 IC 24-15-3, including how a consumer may appeal a
535		-	30 controller's decision with regard to the consumer's request;
536		-	31 (4) the categories of personal data that the controller shares
537		-	32 with third parties, if any; and
538		-	33 (5) the categories of third parties, if any, with whom the
539		-	34 controller shares personal data.
540		-	35 Sec. 4. If a controller sells a consumer's personal data to third
541		-	36 parties or uses a consumer's personal data for targeted advertising,
542		-	37 the controller shall clearly and conspicuously disclose such activity,
543		-	38 as well as the manner in which a consumer may exercise the right
544		-	39 to opt out of such sales or use.
545		-	40 Sec. 5. A controller shall establish, and shall describe in a
546		-	41 privacy notice provided under section 3 of this chapter, one (1) or
547		-	42 more secure and reliable means for consumers to submit a request
548		-	ES 358—LS 7186/DI 101 13
549		-	1 to exercise their rights under IC 24-15-3. Such means must take
550		-	2 into account:
551		-	3 (1) the ways in which consumers normally interact with the
552		-	4 controller;
553		-	5 (2) the need for the secure and reliable communication of such
554		-	6 requests; and
555		-	7 (3) the ability of the controller to authenticate the identity of
556		-	8 the consumer making the request.
557		-	9 A controller may not require a consumer to create a new account
558		-	10 in order to exercise the consumer's rights under IC 24-15-3 but
559		-	11 may require a consumer to use an existing account.
560		-	12 Chapter 5. Responsibility According to Role; Controllers and
561		-	13 Processors
562		-	14 Sec. 1. A processor shall adhere to the instructions of a
563		-	15 controller and shall assist the controller in meeting its obligations
564		-	16 under this chapter. Such assistance shall include the following:
565		-	17 (1) Fulfilling the controller's obligation to respond to
566		-	18 consumer requests under IC 24-15-3 by appropriate technical
567		-	19 and organizational measures, insofar as this is reasonably
568		-	20 practicable, and taking into account the nature of processing
569		-	21 and the information available to the processor.
570		-	22 (2) Taking into account the nature of processing and the
571		-	23 information available to the processor, assisting the controller
572		-	24 in meeting the controller's obligations in relation to:
573		-	25 (A) the security of processing the personal data; and
574		-	26 (B) the notification of a breach of security of the system of
575		-	27 the processor under IC 24-4.9;
576		-	28 in order to meet the controller's obligations.
577		-	29 (3) Providing necessary information to enable the controller
578		-	30 to conduct and document data protection assessments under
579		-	31 IC 24-15-6.
580		-	32 Sec. 2. (a) A contract between a controller and a processor shall
581		-	33 govern the processor's data processing procedures with respect to
582		-	34 processing performed on behalf of the controller. The contract
583		-	35 must be binding and clearly set forth instructions for processing
584		-	36 personal data, the nature and purpose of processing, the type of
585		-	37 data subject to processing, the duration of processing, and the
586		-	38 rights and obligations of both parties. The contract must also
587		-	39 include requirements that the processor do the following:
588		-	40 (1) Ensure that each individual processing personal data is
589		-	41 subject to a duty of confidentiality with respect to the data.
590		-	42 (2) At the controller's direction, delete or return all personal
591		-	ES 358—LS 7186/DI 101 14
592		-	1 data to the controller as requested at the end of the provision
593		-	2 of services, unless retention of the personal data is required by
594		-	3 law.
595		-	4 (3) Upon the reasonable request of the controller, make
596		-	5 available to the controller all information in its possession
597		-	6 necessary to demonstrate the processor's compliance with the
598		-	7 obligations in this chapter.
599		-	8 (4) Allow, and cooperate with, reasonable assessments by the
600		-	9 controller or the controller's designated assessor.
601		-	10 Alternatively, the processor may arrange for a qualified and
602		-	11 independent assessor to conduct an assessment of the
603		-	12 processor's policies and technical and organizational
604		-	13 measures in support of the processor's obligations under this
605		-	14 chapter using an appropriate and accepted control standard
606		-	15 or framework and assessment procedure for such
607		-	16 assessments. The processor shall provide a report of any such
608		-	17 assessment to the controller upon request.
609		-	18 (5) Subject to subsection (b), engage any subcontractor
610		-	19 pursuant to a written contract that requires the subcontractor
611		-	20 to meet the obligations of the processor with respect to the
612		-	21 personal data.
613		-	22 (b) Nothing in this section shall be construed to relieve a
614		-	23 controller or a processor from the liabilities imposed on the
615		-	24 controller or processor by virtue of its role in the processing
616		-	25 relationship.
617		-	26 Sec. 3. Determining whether a person is acting as a controller or
618		-	27 a processor with respect to a specific processing of data is a fact
619		-	28 based determination that depends upon the context in which
620		-	29 personal data is processed. A processor that continues to adhere to
621		-	30 a controller's instructions with respect to a specific processing of
622		-	31 personal data remains a processor.
623		-	32 Chapter 6. Data Protection Assessments
624		-	33 Sec. 1. (a) The data protection assessment requirements set
625		-	34 forth in this chapter apply to processing activities created or
626		-	35 generated after December 31, 2024, and are not retroactive to any
627		-	36 processing activities created or generated before January 1, 2025.
628		-	37 (b) A controller shall conduct and document a data protection
629		-	38 assessment of each of the following processing activities involving
630		-	39 personal data:
631		-	40 (1) The processing of personal data for purposes of targeted
632		-	41 advertising.
633		-	42 (2) The sale of personal data.
634		-	ES 358—LS 7186/DI 101 15
635		-	1 (3) The processing of personal data for purposes of profiling,
636		-	2 if such profiling presents a reasonably foreseeable risk of:
637		-	3 (A) unfair or deceptive treatment of, or unlawful disparate
638		-	4 impact on, consumers;
639		-	5 (B) financial, physical, or reputational injury to
640		-	6 consumers;
641		-	7 (C) a physical or other intrusion upon the solitude or
642		-	8 seclusion, or the private affairs or concerns, of consumers,
643		-	9 if such intrusion would be offensive to a reasonable person;
644		-	10 or
645		-	11 (D) other substantial injury to consumers.
646		-	12 (4) The processing of sensitive data.
647		-	13 (5) Any processing activities involving personal data that
648		-	14 present a heightened risk of harm to consumers.
649		-	15 (c) Data protection assessments conducted under this chapter
650		-	16 shall identify and weigh the benefits that may flow, directly and
651		-	17 indirectly, from the processing to the controller, the consumer,
652		-	18 other stakeholders, and the public against the potential risks to the
653		-	19 rights of the consumer associated with such processing, as
654		-	20 mitigated by safeguards that can be employed by the controller to
655		-	21 reduce such risks. The use of de-identified data and the reasonable
656		-	22 expectations of consumers, as well as the context of the processing
657		-	23 and the relationship between the controller and the consumer
658		-	24 whose personal data will be processed, shall be factored into this
659		-	25 assessment by the controller.
660		-	26 (d) A single data protection assessment may address a
661		-	27 comparable set of processing operations that include similar
662		-	28 activities.
663		-	29 (e) A data protection assessment conducted by a controller for
664		-	30 the purpose of compliance with other laws or regulations may be
665		-	31 used to comply with this section if the assessment has a reasonably
666		-	32 comparable scope and effect to an assessment conducted under this
667		-	33 section.
668		-	34 Sec. 2. (a) The attorney general may request, pursuant to a civil
669		-	35 investigative demand, that a controller disclose any data protection
670		-	36 assessment that is relevant to an investigation conducted by the
671		-	37 attorney general. Upon receipt of such a request, the controller
672		-	38 shall make the data protection assessment available to the attorney
673		-	39 general. Subject to subsection (b), the attorney general may
674		-	40 evaluate the data protection assessment for a controller's
675		-	41 compliance with the responsibilities set forth in IC 24-15-4.
676		-	42 (b) Data protection assessments are confidential and exempt
677		-	ES 358—LS 7186/DI 101 16
678		-	1 from public inspection and copying under IC 5-14-3-4. The
679		-	2 disclosure of a data protection assessment pursuant to a request
680		-	3 from the attorney general does not constitute a waiver of
681		-	4 attorney-client privilege or work product protection with respect
682		-	5 to the assessment and any information contained in the assessment.
683		-	6 Chapter 7. Processing De-identified Data or Pseudonymous
684		-	7 Data; Exemptions
685		-	8 Sec. 1. (a) A controller in possession of de-identified data shall:
686		-	9 (1) take reasonable measures to ensure that the data cannot
687		-	10 be associated with an individual;
688		-	11 (2) publicly commit to maintaining and using de-identified
689		-	12 data without attempting to re-identify the data; and
690		-	13 (3) contractually obligate any recipients of the de-identified
691		-	14 data to comply with all provisions of this chapter.
692		-	15 (b) This chapter shall not be construed to require a controller
693		-	16 or processor to:
694		-	17 (1) re-identify de-identified data or pseudonymous data;
695		-	18 (2) maintain data in identifiable form; or
696		-	19 (3) collect, obtain, retain, or access any data or technology;
697		-	20 in order to be capable of associating an authenticated consumer
698		-	21 request with personal data.
699		-	22 (c) This chapter shall not be construed to require a controller or
700		-	23 processor to comply with a request of a consumer under IC 24-15-3
701		-	24 if all of the following conditions are met:
702		-	25 (1) The controller is not reasonably capable of associating the
703		-	26 request with the personal data or it would be unreasonably
704		-	27 burdensome for the controller to associate the request with
705		-	28 the personal data.
706		-	29 (2) The controller does not use the personal data to recognize
707		-	30 or respond to the specific consumer who is the subject of the
708		-	31 personal data, or associate the personal data with other
709		-	32 personal data about the same specific consumer.
710		-	33 (3) The controller does not sell the personal data to any third
711		-	34 party or otherwise voluntarily disclose the personal data to
712		-	35 any third party other than a processor.
713		-	36 Sec. 2. The:
714		-	37 (1) rights of a consumer set forth in IC 24-15-3-1(b)(1)
715		-	38 through IC 24-15-3-1(b)(5); and
716		-	39 (2) responsibilities of a controller under IC 24-15-4-1(1)
717		-	40 through IC 24-15-4-1(5);
718		-	41 do not apply to pseudonymous data in any case in which the
719		-	42 controller is able to demonstrate that any information necessary to
720		-	ES 358—LS 7186/DI 101 17
721		-	1 identify the consumer is kept separately and is subject to effective
722		-	2 technical and organizational controls that prevent the controller
723		-	3 from accessing such information.
724		-	4 Sec. 3. A controller that discloses pseudonymous data or
725		-	5 de-identified data shall exercise reasonable oversight to monitor
726		-	6 compliance with any contractual commitments to which the
727		-	7 pseudonymous data or de-identified data is subject and shall take
728		-	8 appropriate steps to address any breaches of those contractual
729		-	9 commitments.
730		-	10 Chapter 8. Limitations
731		-	11 Sec. 1. (a) This article shall not be construed to restrict a
732		-	12 controller's or processor's ability to do any of the following:
733		-	13 (1) Comply with federal, state, or local laws, rules, or
734		-	14 regulations.
735		-	15 (2) Comply with a civil, criminal, or regulatory inquiry,
736		-	16 investigation, subpoena, or summons by a federal, state, local,
737		-	17 or other governmental authority.
738		-	18 (3) Cooperate with law enforcement agencies concerning
739		-	19 conduct or activity that the controller or processor reasonably
740		-	20 and in good faith believes may violate federal, state, or local
741		-	21 laws, rules, or regulations.
742		-	22 (4) Investigate, establish, exercise, prepare for, or defend legal
743		-	23 claims.
744		-	24 (5) Provide a product or service specifically requested by a
745		-	25 consumer, perform a contract to which the consumer, or a
746		-	26 parent of a child, is a party, including fulfilling the terms of a
747		-	27 written warranty, or take steps at the request of the consumer
748		-	28 or parent before entering into a contract.
749		-	29 (6) Take immediate steps to protect an interest that is
750		-	30 essential for the life or physical safety of the consumer or of
751		-	31 another individual, if the processing cannot be manifestly
752		-	32 based on another legal basis.
753		-	33 (7) Prevent, detect, protect against, or respond to security
754		-	34 incidents, identity theft, fraud, harassment, malicious or
755		-	35 deceptive activities, or any illegal activity, to preserve the
756		-	36 integrity or security of systems, or to investigate, report, or
757		-	37 prosecute those responsible for any such action.
758		-	38 (8) Engage in public or peer reviewed scientific or statistical
759		-	39 research that is in the public interest and that adheres to all
760		-	40 applicable ethics and privacy laws and is approved,
761		-	41 monitored, and governed by an institutional review board, or
762		-	42 a similar independent oversight entity, that determines if:
763		-	ES 358—LS 7186/DI 101 18
764		-	1 (A) the information is likely to provide substantial benefits
765		-	2 that do not exclusively accrue to the controller;
766		-	3 (B) the expected benefits of the research outweigh the
767		-	4 privacy risks; and
768		-	5 (C) the controller has implemented reasonable safeguards
769		-	6 to mitigate privacy risks associated with research,
770		-	7 including any risks associated with re-identification.
771		-	8 (9) Assist another controller, processor, or third party with
772		-	9 any obligation described in this section.
773		-	10 (b) Processing personal data for a purposes expressly identified
774		-	11 in subsection (a)(1) through (a)(9) does not by itself make a person
775		-	12 a controller with respect to such processing.
776		-	13 Sec. 2. The obligations imposed on a controller or a processor
777		-	14 under this article do not restrict a controller's or processor's
778		-	15 ability to collect, use, or retain data to do the following:
779		-	16 (1) Conduct internal research to develop, improve, or repair
780		-	17 products, services, or technology.
781		-	18 (2) Effectuate a product recall.
782		-	19 (3) Identify and repair technical errors that impair existing or
783		-	20 intended functionality.
784		-	21 (4) Perform internal operations that are:
785		-	22 (A) reasonably aligned with the expectations of the
786		-	23 consumer;
787		-	24 (B) reasonably anticipated based on the consumer's
788		-	25 existing relationship with the controller; or
789		-	26 (C) otherwise compatible with:
790		-	27 (i) processing data in furtherance of the provision of a
791		-	28 product or service specifically requested by a consumer,
792		-	29 or the parent of a child; or
793		-	30 (ii) the performance of a contract to which the consumer
794		-	31 is a party.
795		-	32 Sec. 3. The obligations imposed on a controller or a processor
796		-	33 under this article do not apply if compliance by the controller or
797		-	34 processor with this article would violate an evidentiary privilege
798		-	35 under Indiana law. This article shall not be construed to prevent
799		-	36 a controller or processor from providing, as part of a privileged
800		-	37 communication, personal data concerning a consumer to a person
801		-	38 covered by an evidentiary privilege under Indiana law.
802		-	39 Sec. 4. A controller or processor that discloses personal data to
803		-	40 a third party controller or processor in compliance with this article
804		-	41 is not in violation of this article if the third party controller or
805		-	42 processor that receives and processes the personal data violates
806		-	ES 358—LS 7186/DI 101 19
807		-	1 this article, as long as, at the time of disclosing the personal data,
808		-	2 the disclosing controller or processor did not have actual
809		-	3 knowledge that the recipient intended to commit a violation. A
810		-	4 third party controller or processor receiving personal data from a
811		-	5 controller or processor is likewise not in violation of this article
812		-	6 solely because of the transgressions of the controller or processor
813		-	7 from which it receives such personal data.
814		-	8 Sec. 5. This article:
815		-	9 (1) shall not be construed as an obligation imposed on
816		-	10 controllers and processors that adversely affects the rights or
817		-	11 freedoms of any persons, such as exercising the right of free
818		-	12 speech under the First Amendment to the Constitution of the
819		-	13 United States; and
820		-	14 (2) does not apply to personal data in the context of a purely
821		-	15 personal or household activity.
822		-	16 Sec. 6. Nothing in this article shall be construed as requiring a
823		-	17 controller to disclose trade secrets.
824		-	18 Sec. 7. (a) Personal data processed by a controller for a purpose
825		-	19 authorized under this chapter may not be processed for any other
826		-	20 purpose unless otherwise allowed under this article. Personal data
827		-	21 processed by a controller under this chapter may be processed to
828		-	22 the extent that such processing is:
829		-	23 (1) reasonably necessary and proportionate to a purpose
830		-	24 authorized under this chapter; and
831		-	25 (2) adequate, relevant, and limited to what is necessary in
832		-	26 relation to the specific purpose.
833		-	27 (b) Personal data collected, used, or retained under section 2 of
834		-	28 this chapter shall, as applicable, take into account the nature and
835		-	29 purpose of the collection, use, or retention. Any personal data
836		-	30 collected, used, or retained must be subject to reasonable
837		-	31 administrative, technical, and physical measures to:
838		-	32 (1) protect the confidentiality, integrity, and accessibility of
839		-	33 the personal data; and
840		-	34 (2) reduce reasonably foreseeable risks of harm to consumers
841		-	35 relating to such collection, use, or retention of the personal
842		-	36 data.
843		-	37 (c) If a controller processes personal data pursuant to an
844		-	38 exemption under this chapter, the controller bears the burden of
845		-	39 demonstrating that such processing:
846		-	40 (1) qualifies for the exemption; and
847		-	41 (2) complies with the requirements set forth in this section.
848		-	42 Chapter 9. Investigative Authority
849		-	ES 358—LS 7186/DI 101 20
850		-	1 Sec. 1. Whenever the attorney general has reasonable cause to
851		-	2 believe that any person has engaged in, is engaging in, or is about
852		-	3 to engage in any violation of this article, the attorney general is
853		-	4 empowered to issue a civil investigative demand to investigate the
854		-	5 suspected violation.
855		-	6 Chapter 10. Enforcement
856		-	7 Sec. 1. The attorney general has exclusive authority to enforce
857		-	8 the provisions of this article.
858		-	9 Sec. 2. (a) Before initiating an action under this chapter, the
859		-	10 attorney general shall provide a controller or processor thirty (30)
860		-	11 days written notice identifying the specific provisions of this article
861		-	12 that the attorney general alleges have been or are being violated.
862		-	13 If within the thirty (30) day period set forth in this section, the
863		-	14 controller or processor:
864		-	15 (1) cures the alleged violation; and
865		-	16 (2) provides the attorney general an express written statement
866		-	17 that:
867		-	18 (A) the alleged violation has been cured; and
868		-	19 (B) actions have been taken to ensure no further such
869		-	20 violations will occur;
870		-	21 the attorney general shall not initiate an action against the
871		-	22 controller or processor.
872		-	23 (b) If a controller or processor:
873		-	24 (1) continues to violate this article following the thirty (30)
874		-	25 day period set forth in subsection (a); or
875		-	26 (2) breaches an express written statement provided to the
876		-	27 attorney general under subsection (a)(2);
877		-	28 the attorney general may initiate an action in the name of the state
878		-	29 and may seek an injunction to restrain any violations of this article
879		-	30 and a civil penalty not to exceed seven thousand five hundred
880		-	31 dollars ($7,500) for each violation under this article.
881		-	32 (c) The attorney general may recover reasonable expenses
882		-	33 incurred in investigating and preparing the case, including
883		-	34 attorney fees, in any action initiated under this chapter.
884		-	35 Sec. 3. Nothing in this article shall be construed as providing the
885		-	36 basis for a private right of action for violations of this article or
886		-	37 any other law.
887		-	38 Chapter 11. Preemption; Other Laws
888		-	39 Sec. 1. This article supersedes and preempts all rules,
889		-	40 regulations, codes, ordinances, and other laws adopted by a city,
890		-	41 county, city and county, municipality, or local agency regarding
891		-	42 the processing of personal data by controllers or processors.
892		-	ES 358—LS 7186/DI 101 21
893		-	1 Sec. 2. Any reference to federal, state, or local law or statute in
894		-	2 this article includes any accompanying rules, regulations, or
895		-	3 exemptions.
896		-	ES 358—LS 7186/DI 101 22
	829	+	31 (c) If a controller processes personal data pursuant to an
	830	+	32 exemption under this chapter, the controller bears the burden of
	831	+	33 demonstrating that such processing:
	832	+	34 (1) qualifies for the exemption; and
	833	+	35 (2) complies with the requirements set forth in this section.
	834	+	36 Chapter 9. Investigative Authority
	835	+	37 Sec. 1. Whenever the attorney general has reasonable cause to
	836	+	38 believe that any person has engaged in, is engaging in, or is about
	837	+	39 to engage in any violation of this article, the attorney general is
	838	+	40 empowered to issue a civil investigative demand to investigate the
	839	+	41 suspected violation.
	840	+	42 Chapter 10. Enforcement
	841	+	SB 358—LS 7186/DI 101 20
	842	+	1 Sec. 1. The attorney general has exclusive authority to enforce
	843	+	2 the provisions of this article.
	844	+	3 Sec. 2. (a) Before initiating an action under this chapter, the
	845	+	4 attorney general shall provide a controller or processor thirty (30)
	846	+	5 days written notice identifying the specific provisions of this article
	847	+	6 that the attorney general alleges have been or are being violated.
	848	+	7 If within the thirty (30) day period set forth in this section, the
	849	+	8 controller or processor:
	850	+	9 (1) cures the alleged violation; and
	851	+	10 (2) provides the attorney general an express written statement
	852	+	11 that:
	853	+	12 (A) the alleged violation has been cured; and
	854	+	13 (B) actions have been taken to ensure no further such
	855	+	14 violations will occur;
	856	+	15 the attorney general shall not initiate an action against the
	857	+	16 controller or processor.
	858	+	17 (b) If a controller or processor:
	859	+	18 (1) continues to violate this chapter following the thirty (30)
	860	+	19 day period set forth in subsection (a); or
	861	+	20 (2) breaches an express written statement provided to the
	862	+	21 attorney general under subsection (a)(2);
	863	+	22 the attorney general may initiate an action in the name of the state
	864	+	23 and may seek an injunction to restrain any violations of this article
	865	+	24 and a civil penalty not to exceed seven thousand five hundred
	866	+	25 dollars ($7,500) for each violation under this article.
	867	+	26 (c) The attorney general may recover reasonable expenses
	868	+	27 incurred in investigating and preparing the case, including
	869	+	28 attorney fees, in any action initiated under this chapter.
	870	+	29 Sec. 3. Nothing in this article shall be construed as providing the
	871	+	30 basis for a private right of action for violations of this article or
	872	+	31 any other law.
	873	+	32 Chapter 11. Preemption; Other Laws
	874	+	33 Sec. 1. This article supersedes and preempts all rules,
	875	+	34 regulations, codes, ordinances, and other laws adopted by a city,
	876	+	35 county, city and county, municipality, or local agency regarding
	877	+	36 the processing of personal data by controllers or processors.
	878	+	37 Sec. 2. Any reference to federal, state, or local law or statute in
	879	+	38 this article includes any accompanying rules, regulations, or
	880	+	39 exemptions.
	881	+	SB 358—LS 7186/DI 101 21
897	882		COMMITTEE REPORT
898	883		Madam President: The Senate Committee on Commerce and
899	884		Technology, to which was referred Senate Bill No. 358, has had the
900	885		same under consideration and begs leave to report the same back to the
901	886		Senate with the recommendation that said bill be AMENDED as
902	887		follows:
903	888		Delete everything after the enacting clause and insert the following:
904	889		(SEE TEXT OF BILL)
905	890		and when so amended that said bill do pass.
906	891		(Reference is to SB 358 as introduced.)
907	892		PERFECT, Chairperson
908	893		Committee Vote: Yeas 10, Nays 0.
909	894		_____
910	895		SENATE MOTION
911	896		Madam President: I move that Senate Bill 358 be amended to read
912	897		as follows:
913	898		Replace the effective date in SECTION 1 with "[EFFECTIVE
914	899		JANUARY 1, 2025]".
915	900		Page 2, line 8, delete "HIPPA;" and insert "HIPAA;".
916	901		Page 2, line 9, delete "or".
917	902		Page 2, line 10, delete "education." and insert "education; or
918	903		(6) public utility (as defined in IC 8-1-2-1(a)) or service
919	904		company affiliated with a public utility (as defined in
920	905		IC 8-1-2-1(a)). For purposes of this subdivision, "service
921	906		company" means an associate company within a holding
922	907		company system organized specifically for the purpose of
923	908		providing goods or services to a public utility (as defined in
924	909		IC 8-1-2-1(a)) in the same holding company system.".
925	910		Page 2, line 13, delete "HIPPA." and insert "HIPAA.".
926	911		Page 2, line 40, delete "HIPPA." and insert "HIPAA.".
927	912		Page 3, line 5, delete "HIPPA," and insert "HIPAA,".
928	913		Page 3, line 8, delete "HIPPA." and insert "HIPAA.".
929	914		Page 5, delete line 42.
930	915		Page 6, delete line 1.
931	916		Page 6, line 2, delete "14." and insert "13.".
932	917		Page 6, line 4, delete "15." and insert "14.".
933		-	ES 358—LS 7186/DI 101 23
	918	+	SB 358—LS 7186/DI 101 22
934	919		Page 6, line 6, delete "16." and insert "15.".
935	920		Page 6, line 9, delete "17." and insert "16.".
936	921		Page 6, line 11, delete "18." and insert "17.".
937	922		Page 6, line 13, delete "19." and insert "18.".
938	923		Page 6, line 16, delete "20." and insert "19.".
939	924		Page 6, line 22, delete "21." and insert "20.".
940	925		Page 6, line 27, delete "in".
941	926		Page 6, line 28, delete "connection with,".
942	927		Page 6, line 28, delete "to," and insert "to".
943	928		Page 6, line 31, delete "22." and insert "21.".
944	929		Page 6, line 36, delete "23." and insert "22.".
945	930		Page 6, line 38, delete "24." and insert "23.".
946	931		Page 7, line 1, delete "25." and insert "24.".
947	932		Page 7, line 3, delete "26." and insert "25.".
948	933		Page 7, line 12, delete "27." and insert "26.".
949	934		Page 7, line 23, delete "28." and insert "27.".
950	935		Page 8, line 1, delete "29." and insert "28.".
951	936		Page 8, line 10, delete "30." and insert "29.".
952	937		Page 8, line 11, delete "31." and insert "30.".
953	938		Page 8, line 25, delete "32." and insert "31.".
954	939		Page 8, line 32, delete "33." and insert "32.".
955	940		Page 8, line 36, after "A" insert "known".
956	941		Page 8, line 39, after "the" insert "known".
957	942		Page 12, line 6, after "a" insert "known".
958	943		Page 12, line 11, delete "consumer right's" and insert "consumer's
959	944		rights".
960	945		Page 14, line 25, delete "2023," and insert "2024,".
961	946		Page 14, line 26, delete "2024." and insert "2025.".
962	947		Page 15, line 33, delete "IC 5-14-13-4." and insert "IC 5-14-3-4.".
963	948		Page 19, line 2, delete "United States" and insert "Constitution of
964	949		the United States;".
965	950		Page 19, line 3, delete "Constitution;"
966	951		Page 20, line 9, after "further" insert "such".
967	952		Page 20, delete lines 28 through 42.
968	953		Page 21, line 1, delete "12." and insert "11.".
969	954		(Reference is to SB 358 as printed January 28, 2022.)
970	955		BROWN L
971		-	ES 358—LS 7186/DI 101 24
972		-	COMMITTEE REPORT
973		-	Mr. Speaker: Your Committee on Commerce, Small Business and
974		-	Economic Development, to which was referred Senate Bill 358, has
975		-	had the same under consideration and begs leave to report the same
976		-	back to the House with the recommendation that said bill be amended
977		-	as follows:
978		-	Page 1, delete lines 14 through 15, begin a new paragraph and
979		-	insert:
980		-	"(b) This article does not apply to any of the following:
981		-	(1) Any of the following:
982		-	(A) A body, authority, board, bureau, commission, district,
983		-	or agency of the state or of any political subdivision of the
984		-	state.
985		-	(B) A third party under contract with an entity described
986		-	in clause (A), when acting on behalf of the entity. This
987		-	clause does exempt data held or created by third parties
988		-	outside of the scope of the contract with the entity.
989		-	(2) Any financial institutions and affiliates, or data subject to
990		-	Title V of the federal Gramm-Leach-Bliley Act (15 U.S.C.
991		-	6801 et seq.).
992		-	(3) Any covered entity or business associate governed by the
993		-	privacy, security, and breach notification rules issued by the
994		-	United States Department of Health and Human Services (45
995		-	CFR Parts 160 and 164) pursuant to HIPAA.
996		-	(4) Any nonprofit organization.
997		-	(5) Any institution of higher education.
998		-	(6) Any public utility (as defined in IC 8-1-2-1(a)) or service
999		-	company affiliated with a public utility (as defined in
1000		-	IC 8-1-2-1(a)). For purposes of this subdivision, "service
1001		-	company" means an associate company within a holding
1002		-	company system organized specifically for the purpose of
1003		-	providing goods or services to a public utility (as defined in
1004		-	IC 8-1-2-1(a)) in the same holding company system.".
1005		-	Page 2, delete lines 1 through 17.
1006		-	Page 8, line 22, delete "websites" and insert "web sites".
1007		-	Page 8, line 24, delete "website" and insert "web site".
1008		-	Page 11, line 21, delete "to" and insert "for".
1009		-	Page 16, line 13, delete "technology, in" and insert "technology;
1010		-	in order to be capable of associating an authenticated consumer
1011		-	request with personal data.".
1012		-	Page 16, delete lines 14 through 15.
1013		-	Page 16, line 32, delete "IC 24-15-3-1(b)(4)" and insert "IC
1014		-	ES 358—LS 7186/DI 101 25
1015		-	24-15-3-1(b)(5)".
1016		-	Page 16, line 34, delete "IC 24-15-4-1(4)" and insert "IC
1017		-	24-15-4-1(5)".
1018		-	Page 20, line 18, delete "chapter" and insert "article".
1019		-	and when so amended that said bill do pass.
1020		-	(Reference is to SB 358 as reprinted February 1, 2022.)
1021		-	MORRIS
1022		-	Committee Vote: yeas 12, nays 0.
1023		-	ES 358—LS 7186/DI 101
	956	+	SB 358—LS 7186/DI 101