Indiana's New Consumer Privacy Law

On May 2, 2023, Indiana Governor Eric Holcomb signed Senate Bill 5 (Bill) into law – making it the seventh U.S. state with a comprehensive privacy law. The Bill takes effect January 1, 2026, and mirrors states such as Virginia, Iowa and Colorado in setting out increased protection for consumer data and the sale of personal data. In addition, the Bill will grant data subjects with a range of rights, including access and opt-out rights.

Under the Bill, "personal data" is defined as information that is linked or reasonably linkable to an identified or identifiable individual. The Bill applies to a person who conducts business in Indiana or produces products or services that are targeted to residents of Indiana and during a calendar year (1) controls or processes personal data of at least 100,000 consumers who are Indiana residents or (2) controls or processes personal data of at least 25,000 consumers who are Indiana residents and derives more than 50 percent of gross