IndianaIntroduced

SB 5

Consumer data protection.

High Risk

Creates new compliance requirements or restricts common AI uses. Action needed.

TL;DR

Indiana's SB 5 creates comprehensive consumer data privacy rules similar to California's CCPA and Europe's GDPR. The law gives Indiana residents rights to access, delete, and opt out of the sale of their personal data, while requiring businesses that collect data from Indiana residents to implement specific privacy practices and safeguards.

How This Might Impact Your Business

Applies to companies with over $25 million in annual revenue OR that process data from 100,000+ Indiana consumers OR derive 50% of revenue from selling consumer data

Companies must provide clear privacy notices detailing what data they collect, how it's used, and with whom it's shared

Indiana residents can request copies of their data, demand deletion, and opt out of data sales (companies have 45 days to comply)

Requires data protection assessments for high-risk processing activities like targeted advertising or selling sensitive data

Penalties up to $7,500 per violation, enforced by Indiana Attorney General

Effective date: January 1, 2026, giving businesses 18+ months to prepare

Exempts HIPAA-covered entities, financial institutions under Gramm-Leach-Bliley, and nonprofit organizations

What Should You Do

1

Schedule a data audit with IT and legal teams to identify what Indiana consumer data you collect, store, and share

2

Review your privacy policy and update it to include Indiana-specific disclosures by Q3 2025

3

Build or upgrade systems to handle consumer requests for data access, deletion, and opt-outs within 45-day windows

4

If you use AI for targeted advertising or consumer profiling, document your data protection assessments

5

Track the Attorney General's office for implementation guidance expected by mid-2025

Who It Affects

RetailE-commerceDigital MarketingHR TechHealthcare AIFinancial Services

Status Timeline

introduced

Signed by the Governor

May 1, 2023

introduced

Signed by the Governor

May 1, 2023

AI-generated analysis for informational purposes only. Not legal advice. Always consult a qualified attorney for legal guidance.

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