HB 1261
Consumer privacy.
Creates new compliance requirements or restricts common AI uses. Action needed.
TL;DR
Indiana HB 1261 would create a comprehensive consumer data privacy law, giving residents rights to access, delete, and opt out of the sale of their personal data. The bill requires businesses that collect data on Indiana residents to provide privacy notices and honor consumer requests, similar to laws in California and other states.
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 personal data
Companies must respond to consumer requests to access, delete, or opt out of data sales within 45 days
Requires posting a clear privacy policy detailing what data you collect, why, and who you share it with
Mandates opt-out mechanisms for data sales, including a 'Do Not Sell My Personal Information' link on websites
Indiana Attorney General can impose fines up to $7,500 per violation after a 30-day cure period
Exempts certain financial institutions, healthcare entities covered by HIPAA, and employee data
No private right of action (consumers can't sue directly)
What Should You Do
Schedule a data inventory audit to identify what Indiana consumer data your company collects, stores, and shares with third parties
Review your current privacy policy and consumer request processes against the bill's requirements
Estimate costs for implementing consumer request systems (access, deletion, opt-out) if you meet the revenue or data processing thresholds
Monitor the bill's progress through the Commerce, Small Business and Economic Development Committee
Consult with legal counsel about whether your business qualifies for any exemptions
Who It Affects
Status Timeline
committee
First reading: referred to Committee on Commerce, Small Business and Economic Development
January 10, 2022
committee
First reading: referred to Committee on Commerce, Small Business and Economic Development
January 10, 2022
AI-generated analysis for informational purposes only. Not legal advice. Always consult a qualified attorney for legal guidance.
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