§ 24-15-4-1 — Responsibilities of controller; discrimination against consumer for exercising consumer rights prohibited; processing of sensitive data

Indiana § 24-15-4-1

• Jurisdiction: Indiana
• Art. 15: CONSUMER DATA PROTECTION
• Ch. 4: Data Controller Responsibilities; Transparency

Text

Effective 1-1-2026.
Sec. 1. Except as provided in IC 24-15-7-2, a
controller has the following responsibilities:
(1) A controller shall limit the collection of personal data to what
is adequate, relevant, and reasonably necessary in relation to the
purposes for which such data is processed, as disclosed to the
consumer.
(2) Except as otherwise provided in this article, a controller shall
not process personal data for purposes that are neither reasonably
necessary for nor compatible with the disclosed purposes for
which the personal data is processed, unless the controller obtains
the consumer's consent.
(3) A controller shall establish, implement, and maintain
reasonable administrative, technical, and physical data security
practices to protect the confidentiality, integrity, and accessibility
of personal data. The data security practices required under this
subdivision must be appropriate to the volume and nature of the
personal data at issue.
(4) A controller shall not process personal data in violation of
state and federal laws that prohibit unlawful discrimination
against consumers. A controller shall not discriminate against a
consumer for exercising any of the consumer rights set forth in
this article, including by denying goods or services to the
consumer, charging different prices or rates for goods and
services, or providing a different level or quality of goods or
services to the consumer. However, nothing in this subdivision
shall be construed to:
(A) require a controller to provide a product or service that
requires the personal data of a consumer that the controller does
not collect or maintain; or
(B) prohibit a controller from offering a different price, rate,
level, quality, or selection of goods or services to a consumer,
including offering goods or services for no fee, if the consumer
has exercised the consumer's right to opt out under IC 24-15-3-1(b)(5) or if the offer is related to a consumer's
voluntary participation in a bona fide loyalty, rewards, premium
features, discount, or club card program.
(5) A controller shall not process sensitive data concerning a
consumer without obtaining the consumer's consent, or, in the
case of the processing of sensitive data concerning a known child,
without processing such data in accordance with the federal
Children's Online Privacy Protection Act (15 U.S.C. 6501 et seq.).

Legislative History

As added by P.L.94-2023, SEC.1.