§ 24-4-23-13 — Retention of age verification data prohibited

(a) This section applies to a person that uses
or purports to use a reasonable age verification method to grant or deny
access to an adult oriented website.
(b) A person to which this section applies, and any third party
verification service used by a person to which this section applies, may
not retain identifying information of the person seeking access to an
adult oriented website, unless retention of the identifying information
is required by a court order.
(c) An individual whose identifying information is retained in
violation of this section may bring an action against the person that
unlawfully retained the individual's identifying information. An
individual who prevails in an action described in this section is entitled
to:
(1) either:
(A) actual damages; or
(B) damages of up to five thousand dollars ($5,000);
(2) injunctive relief; and
(3) court costs, reasonable attorney's fees, and other reasonable
expenses of litigation, including expert witness fees.

Legislative History

As added by P.L.98-2024, SEC.1.