Title 24, TRADE REGULATION

Sec. 20. (a) "Precise geolocation data" means information derived from technology, including global positioning system level latitude and longitude coordinates, that directly identifies the specific location of a natural person with precision and accuracy within a radius of one t…

Sec. 21. "Processing", with respect to personal data, means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of p…

Sec. 22. "Processor" means a person that processes personal data on behalf of a controller. As added by P.L.94-2023, SEC.1.

Sec. 23. "Profiling" means any form of solely automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health or health records, personal preferences, interests, rel…

Sec. 24. "Protected health information" has the meaning set forth in 45 CFR 160.103. As added by P.L.94-2023, SEC.1.

Sec. 25. "Pseudonymous data" means personal data that cannot be attributed to a specific individual because additional information that would allow the data to be attributed to a specific individual is: (1) kept separately; and (2) subject to appropriate technical and organizatio…

Sec. 26. "Publicly available information" means information: (1) that is lawfully made available through federal, state, or local government records; or (2) that a business has a reasonable basis to believe is lawfully made available: (A) to the general public through widely dist…

Sec. 27. (a) "Sale of personal data" means the exchange of personal data for monetary consideration by a controller to a third party. (b) The term does not include: (1) the disclosure of personal data to a processor that processes the personal data on behalf of the controller; (2…

Sec. 28. "Sensitive data" means a category of personal data that includes any of the following: (1) Personal data revealing racial or ethnic origin, religious beliefs, a mental or physical health diagnosis made by a health care provider, sexual orientation, or citizenship or immi…

Sec. 29. "State agency" has the meaning set forth in IC 1-1-15-3. As added by P.L.94-2023, SEC.1.

Sec. 3. "Authenticate" means to verify through reasonable means that a consumer who is entitled to exercise the personal data rights provided by IC 24-15-3 is the same consumer exercising such rights with respect to particular personal data. As added by P.L.94-2023, SEC.1.

Sec. 30. (a) "Targeted advertising" means the displaying of an advertisement to a consumer in which the advertisement is selected based on personal data obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict the cons…

Sec. 31. "Third party", with respect to a context to which this article applies, means a natural or legal person, public authority, agency, or body other than: (1) the consumer; (2) the controller; (3) the processor; or (4) an affiliate of the processor or the controller. As adde…

Sec. 32. "Trade secret" has the meaning set forth in IC 24-2-3-2. As added by P.L.94-2023, SEC.1.

Sec. 4. (a) "Biometric data" means data that: (1) is generated by automatic measurements of an individual's biological characteristics, such as a fingerprint, a voiceprint, images of the retina or iris, or other unique biological patterns or characteristics; and (2) is used to id…

Sec. 5. "Business associate" has the meaning set forth in 45 CFR 160.103. As added by P.L.94-2023, SEC.1.

Sec. 6. "Child" means any individual who is less than thirteen (13) years of age. As added by P.L.94-2023, SEC.1.

Sec. 7. (a) "Consent" means a clear affirmative act that signifies a consumer's freely given, specific, informed, and unambiguous agreement to process personal data relating to the consumer. (b) For purposes of this section, a "clear affirmative act" includes a written statement,…

Sec. 8. (a) "Consumer" means an individual who: (1) is a resident of Indiana; and (2) is acting only for a personal, family, or household purpose. (b) The term does not include an individual acting in a commercial or employment context. As added by P.L.94-2023, SEC.1.…

Sec. 9. "Controller" means a person that, alone or jointly with others, determines the purpose and means of processing personal data. As added by P.L.94-2023, SEC.1.

Effective 1-1-2027. Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.100-2026, SEC.14.

Effective 1-1-2027. Sec. 2. "Adolescent" means an individual who is less than sixteen (16) years of age. As added by P.L.100-2026, SEC.14.

Effective 1-1-2027. Sec. 3. "Daily active users" means the unique users in the United States who: (1) used a particular online forum, website, or application at least eighty percent (80%) of the days during the previous twelve (12) months; or (2) if the online forum, website, or …

Effective 1-1-2027. Sec. 4. "Linked account", with respect to a user's account with a social media provider, means another account with the social media provider that the user has designated, through a means provided by the social media provider, as an account: (1) from which the…

Effective 1-1-2027. Sec. 5. (a) "Social media provider" means an online forum, website, or application that satisfies the following criteria: (1) Functions primarily to enable registered users to upload content, or access content uploaded or shared by other registered users, thro…

Effective 1-1-2027. Sec. 6. "Transactional data" means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event. The term includes records that relat…

Effective 1-1-2027. Sec. 7. "Verifiable parental consent" means verifiable parental consent as defined by 15 U.S.C. 6501(9) that is obtained in conformance with 16 CFR 312.5. As added by P.L.100-2026, SEC.14.

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.189-2001, SEC.1.

Sec. 1.7. "Caller" has the meaning set forth in IC 24-5-14-2. As added by P.L.61-2014, SEC.1.

Sec. 10. "Telephone solicitor" means a person doing business in Indiana. The term includes a person that controls, directly or indirectly, one (1) or more other persons. As added by P.L.189-2001, SEC.1. Amended by P.L.153-2017, SEC.3.

Sec. 2. (a) "Consumer" means a residential telephone subscriber who: (1) for the telephone service received: (A) has a place of primary use in Indiana; or (B) is issued an Indiana telephone number or an Indiana identification number; and (2) is an actual or a prospective: (A) pur…

Sec. 3. "Consumer goods or services" means any of the following: (1) Tangible or intangible personal property or real property that is normally used for personal, family, or household purposes. (2) Property intended to be attached to or installed on real property without regard t…

Sec. 4. "Division" refers to the consumer protection division of the office of the attorney general. As added by P.L.189-2001, SEC.1.

Sec. 5. (a) "Doing business in Indiana" means: (1) making; or (2) causing others to make; telephone sales calls to consumers located in Indiana whether the telephone sales calls are made from a location in Indiana or outside Indiana. (b) A person that controls, directly or indire…

Sec. 5.5. "Executive" means any of the following, as applicable: (1) With respect to a corporation, a person who is or performs the duties of the: (A) president; (B) chief executive officer; (C) treasurer; or (D) chief financial officer; of the corporation. (2) With respect to a …

Sec. 6. "Fund" refers to the consumer protection division telephone solicitation fund established by IC 24-4.7-3-6. As added by P.L.189-2001, SEC.1.

Sec. 7. "Listing" refers to the no telephone sales solicitation listing published by the division under IC 24-4.7-3 that lists the telephone numbers of consumers who do not wish to receive telephone sales calls. As added by P.L.189-2001, SEC.1. Amended by P.L.226-2011, SEC.8.

Sec. 7.3. "Person" means: (1) an individual, a firm, an organization, a partnership, an association, or a corporation, including affiliates and subsidiaries; or (2) any other legal entity. As added by P.L.153-2017, SEC.2.

Sec. 7.5. "Place of primary use", with respect to a telephone subscriber, means the street address representative of where the subscriber's use of the telephone service primarily occurs, which must be: (1) the residential street address of the subscriber or, in the case of a subs…

Sec. 7.7. "Supplier" has the meaning set forth in IC 24-5-0.5-2(a)(3). As added by P.L.61-2014, SEC.2.

Sec. 8. "Telephone number" means a residential telephone number that: (1) is assigned to a subscriber who has a place of primary use in Indiana; or (2) otherwise represents an Indiana telephone number or is associated with an Indiana identification number. As added by P.L.189-200…

Sec. 9. (a) "Telephone sales call" means a telephone call made to a consumer for any of the following purposes: (1) Solicitation of a sale of consumer goods or services. (2) Solicitation of a charitable contribution. (3) Obtaining information that will or may be used for the dire…

Sec. 1. This chapter does not apply to a person who monitors or interacts with an owner or operator's Internet connection, Internet service, network connection, or computer if the person is a telecommunications carrier, cable operator, computer hardware or software provider, or o…

Sec. 2. A person who is not the owner or operator of the computer may not knowingly or intentionally: (1) transmit computer software to the computer; and (2) by means of the computer software transmitted under subdivision (1), do any of the following: (A) Use intentionally decept…

Sec. 3. A person who is not the owner or operator may not knowingly or intentionally do any of the following: (1) Induce the owner or operator to install computer software on the owner or operator's computer by knowingly or intentionally misrepresenting the extent to which instal…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.125-2006, SEC.6.