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Navigating the Indiana Consumer Data Protection Act (ICDPA): Key Details

In this infographic, you will learn:

  • Scope, applicability and exemptions under ICDPA,
  • Key definitions and organizational obligations,
  • Data processor responsibilities and data subject rights,
  • Noncompliance penalties and how to operationalize ICDPA.

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Indiana became the seventh U.S. state to enact its own data protection law, the Indiana Consumer Data Protection Act (ICDPA). The law, closely modeled on Virginia's Consumer Data Protection Act (VCDPA), will take effect on January 1, 2026.

Sponsored by Senator Liz Brown, Senate Bill 5 (SB 5) passed unanimously in the Senate (49-0) in February 2023. After amendments, it was approved by the House and signed into law by Governor Eric Holcomb on May 1, 2023. The ICDPA establishes robust consumer data privacy rights and imposes strict obligations on organizations handling consumer data.

The ICDPA mandates organizations to comply with several key obligations, including purpose limitation, non-discrimination, implementing security measures, obtaining consent, providing privacy notices, and conducting data protection impact assessments. It also provides consumers rights such as access, correction, deletion, data portability, disclosure, and the ability to opt-out of certain data processing activities.

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ICDPA

Frequently Asked Questions

Indiana Consumer Data Protection Act (ICDPA) is Indiana’s state data privacy law. It applies to businesses operating in Indiana or targeting Indiana residents if they meet either of two thresholds: processing or controlling the personal data of at least 100,000 Indiana residents annually or processing or controlling the personal data of at least 25,000 Indiana residents while deriving more than 50% of their gross revenue from selling personal data.

The Indiana Office of the Attorney General has exclusive authority to enforce the ICDPA. Its responsibilities include initiating legal actions to restrain violations, imposing civil penalties, and recovering investigation and preparation costs, including attorney's fees. Before enforcement, the Attorney General must provide a 30-day written notice to the controller or processor specifying the alleged violations.

The ICDPA imposes a civil penalty not exceeding $7,500 for every single violation of its provisions.

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