Ind. Code ch. 24-15-7

Ind. Code § 24-15-7-1 Duties of controller possessing de-identified data

Sec. 1. (a) A controller in possession of de-identified data shall: (1) take reasonable measures to ensure that the data cannot be associated with an individual; (2) publicly commit to maintaining and using de-identified data without attempting to re-identify the data; and (3) contractually obligate any recipients of the de-identified data to comply with all provisions of this chapter. (b) This chapter shall not be construed to require a controller or processor to: (1) re-identify de-identified data or pseudonymous data; (2) maintain data in identifiable form; or (3) collect, obtain, retain, or access any data or technology; in order to be capable of associating an authenticated consumer request with personal data. (c) This chapter shall not be construed to require a controller or processor to comply with a request of a consumer under IC 24-15-3 if all of the following conditions are met: (1) The controller is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data. (2) The controller does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data, or associate the personal data with other personal data about the same specific consumer. (3) The controller does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor. As added by P.L.94-2023, SEC.1.

Ind. Code § 24-15-7-2 Pseudonymous data; technical and organizational controls

Sec. 2. The: (1) rights of a consumer set forth in IC 24-15-3-1(b)(1) through IC 24-15-3-1(b)(4); and (2) responsibilities of a controller under IC 24-15-4-1(1) through IC 24-15-4-1(5); do not apply to pseudonymous data in any case in which the controller is able to demonstrate that any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing such information. As added by P.L.94-2023, SEC.1.

Ind. Code § 24-15-7-3 Controller's disclosure of de-identified or pseudonymous data; compliance with contractual commitments

Sec. 3. A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any breaches of those contractual commitments. As added by P.L.94-2023, SEC.1.