This year, Indiana joined several other states to pass a comprehensive consumer privacy law, that becomes operative on January 1, 2026. Like other consumer privacy laws, Indiana’s law requires businesses to establish reasonable administrative, technical, and physical security practices to protect the confidentiality, integrity, and accessibility of personal data, which implicates cybersecurity concerns.
Indiana
Indiana Beats Montana and Tennessee to be the 7th State with a Comprehensive Consumer Privacy Law
On May 1, 2023, Governor Holcomb signed Senate Bill 5, Indiana’s comprehensive privacy statute (The Act). the Act will become operative on January 1, 2026, and make Indiana the seventh state, after California, Colorado, Connecticut, Iowa, Utah, and Virginia to enact a comprehensive consumer privacy statute.
Indiana beat Montana…
Indiana To Be Next in Passing Consumer Privacy Statute
The Indiana Legislature is poised to pass Senate Bill 5, a comprehensive privacy statute (the “Act”), and send it on to the Governor. Once signed, the Act will become operative on January 1, 2026, and make Indiana the seventh state, after California, Colorado, Connecticut, Iowa, Utah, and Virginia to…
Indiana Tightens the State’s Deadline for Providing Notification of a Data Breach
States continue to tinker with their breach notification laws. The latest modification to the Indiana statute relates to the timing of notification. On March 18, 2022, Indiana Governor Eric Holcomb, signed HB 1351 which tightens the rules for providing timely notice to individuals affected by a data breach.
Prior to the change, the relevant section…
Indiana AG Proposed Regulations Creating Corrective Action Plan Requirement and Cybersecurity Safe Harbor
A proposal by Indiana’s Attorney General Curtis Hill on Wednesday would add a significant step in the incident response process for responding to breaches of security affecting Indiana residents. On Wednesday, during a U.S. Chamber of Commerce virtual event, he announced his proposed rule designed to better protect Hoosiers from cyberattacks. It is expected that…
Indiana Measure to Amend Breach Notification Law Passes Senate
Late last year we reported Indiana Attorney General Greg Zoeller was seeking legislation which would better protect the online personal and financial information of Indiana residents. That legislation, S.B. 413, was unanimously passed by the Indiana Senate on February 24, 2015. Indiana’s bill follows similar efforts in New Jersey, New York and Oregon.…
Indiana Attorney General Enforces HIPAA For First Time – Another Lesson for Small Business
As we reported, state Attorneys General have authority to enforce the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), pursuant to the authority granted under the Health Information Technology for Clinical and Economic Health (HITECH) Act. Shortly after announcing plans to seek legislation requiring stronger protections for personal and…
Indiana Joins a Growing List of States Seeking to Tighten Data Security and Data Breach Notification Requirements in 2015
As we reported, there are a number of signs pointing to a significant tightening of regulation and increased enforcement of data security mandates. Following efforts in New Jersey, New York and Oregon, Indiana Attorney General Greg Zoeller announced his office is seeking legislation that would better protect the online personal and financial information…
Facebook Posts Not Discoverable
The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account.
In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident
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Keyloggers Beware–Companies Risk Being Sued By Employees
A U.S. District Court in Indiana has ruled that a company’s use of keylogger software to access an employee’s personal e-mail account may have violated the Stored Communications Act (“SCA”).
Keylogging or keystroke logging is the tracking of the keys struck on a keyboard, typically in a covert manner.
In Rene v. G.F. Fishers, Inc.…