Title 24, TRADE REGULATION

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.

Sec. 10. "Personal information" means: (1) a Social Security number that is not encrypted or redacted; (2) an individual's first and last names, or first initial and last name, and one (1) or more of the following data elements that are not encrypted or redacted: (A) A driver's l…

Sec. 11. (a) Data are redacted for purposes of this article if the data have been altered or truncated so that not more than the last four (4) digits of: (1) a driver's license number; (2) a state identification number; or (3) an account number; is accessible as part of personal …

Sec. 2. (a) "Breach of the security of data" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a person. The term includes the unauthorized acquisition of computerized data that h…

Sec. 3. "Data base owner" means a person that owns or licenses computerized data that includes personal information. As added by P.L.125-2006, SEC.6.

Sec. 4. "Doing business in Indiana" means owning or using the personal information of an Indiana resident for commercial purposes. As added by P.L.125-2006, SEC.6.

Sec. 5. Data are encrypted for purposes of this article if the data: (1) have been transformed through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key; or (2) are secured by anothe…

Sec. 6. "Financial institution" means a financial institution as defined in: (1) IC 28-1-1-3, other than a consumer finance institution licensed to make supervised or regulated loans under IC 37-2; or (2) 15 U.S.C. 6809(3). As added by P.L.125-2006, SEC.6. Amended by P.L.115-2026…

Sec. 7. "Indiana resident" means a person whose principal mailing address is in Indiana, as reflected in records maintained by the data base owner. As added by P.L.125-2006, SEC.6.

Sec. 8. "Mail" has the meaning set forth in IC 23-1-20-15. As added by P.L.125-2006, SEC.6.

Sec. 9. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, an association, a nonprofit corporation or organization, a cooperative, or any other legal entity. As added by P.L.125-2006, SEC.6.

Sec. 1. A person who enters into any contract or combination to induce, procure, or prevent any wholesale or retail dealer in or manufacturer of merchandise or of supplies or of material or articles intended for trade or used by any mechanic, artisan, or dealer in the prosecution…