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IC 24-4.9-3-1
Disclosure of breach
Sec. 1. (a) Except as provided in section 4(c), 4(d), and 4(e) of
this chapter, after discovering or being notified of a breach of the
security of a system, the data base owner shall disclose the breach to
an Indiana resident whose:
(1) unencrypted personal information was or may have been
acquired by an unauthorized person; or
(2) encrypted personal information was or may have been
acquired by an unauthorized person with access to the
encryption key;
if the data base owner knows, should know, or should have known
that the unauthorized acquisition constituting the breach has resulted
in or could result in identity deception (as defined in IC 35-43-5-3.5),
identity theft, or fraud affecting the Indiana resident.
(b) A data base owner required to make a disclosure under
subsection (a) to more than one thousand (1,000) consumers shall
also disclose to each consumer reporting agency (as defined in 15
U.S.C. 1681a(p)) information necessary to assist the consumer
reporting agency in preventing fraud, including personal information
of an Indiana resident affected by the breach of the security of a
system.
As added by P.L.125-2006, SEC.6.
IC 24-4.9-3-2
Notification of data base owner
Sec. 2. A person that maintains computerized data but that is not
a data base owner shall notify the data base owner if the person
discovers that personal information was or may have been acquired
by an unauthorized person.
As added by P.L.125-2006, SEC.6.
IC 24-4.9-3-3
Delay of disclosure or notification
Sec. 3. (a) A person required to make a disclosure or notification
under this chapter shall make the disclosure or notification without
unreasonable delay. For purposes of this section, a delay is
reasonable if the delay is:
(1) necessary to restore the integrity of the computer system;
(2) necessary to discover the scope of the breach; or
(3) in response to a request from the attorney general or a law
enforcement agency to delay disclosure because disclosure will:
(A) impede a criminal or civil investigation; or
(B) jeopardize national security.
(b) A person required to make a disclosure or notification under
this chapter shall make the disclosure or notification as soon as
possible after:
IC 24-4.9-3-4
Method of disclosure; exceptions
Sec. 4. (a) Except as provided in subsection (b), a data base owner
required to make a disclosure under this chapter shall make the
disclosure using one (1) of the following methods:
(1) Mail.
(2) Telephone.
(3) Facsimile (fax).
(4) Electronic mail, if the data base owner has the electronic
mail address of the affected Indiana resident.
(b) If a data base owner required to make a disclosure under this
chapter is required to make the disclosure to more than five hundred
thousand (500,000) Indiana residents, or if the data base owner
required to make a disclosure under this chapter determines that the
cost of the disclosure will be more than two hundred fifty thousand
dollars ($250,000), the data base owner required to make a disclosure
under this chapter may elect to make the disclosure by using both of
the following methods:
(1) Conspicuous posting of the notice on the web site of the
data base owner, if the data base owner maintains a web site.
(2) Notice to major news reporting media in the geographic area
where Indiana residents affected by the breach of the security
of a system reside.
(c) A data base owner that maintains its own disclosure
procedures as part of an information privacy policy or a security
policy is not required to make a separate disclosure under this
chapter if the data base owner's information privacy policy or
security policy is at least as stringent as the disclosure requirements
described in:
(1) sections 1 through 4(b) of this chapter;
(2) subsection (d); or
(3) subsection (e).
(d) A data base owner that maintains its own disclosure
procedures as part of an information privacy, security policy, or
compliance plan under:
(1) the federal USA Patriot Act (P.L. 107-56);
(2) Executive Order 13224;
(3) the federal Driver's Privacy Protection Act (18 U.S.C. 2781
et seq.);
(4) the federal Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.);
(5) the federal Financial Modernization Act of 1999 (15 U.S.C.
6801 et seq.); or