Ind. Code § 24-15-8-7

Processing of personal data for authorized purposes; collection, use, or retention of personal data; burden of proof for exemption

As added by P.L.94-2023, SEC.1.
  1. (a) Personal data processed by a controller for a purpose authorized under this chapter may not be processed for any other purpose unless otherwise allowed under this article. Personal data processed by a controller under this chapter may be processed to the extent that such processing is:

    1. (1) reasonably necessary and proportionate to a purpose authorized under this chapter; and
    2. (2) adequate, relevant, and limited to what is necessary in relation to the specific purpose.
  2. (b) Personal data collected, used, or retained under section 2 of this chapter:

    1. (1) shall, as applicable, take into account the nature and purpose of the collection, use, or retention; and
    2. (2) must be subject to reasonable administrative, technical, and physical measures to:

      1. (A) protect the confidentiality, integrity, and accessibility of the personal data; and
      2. (B) reduce reasonably foreseeable risks of harm to consumers relating to such collection, use, or retention of the personal data.
  3. (c) If a controller processes personal data pursuant to an exemption under this chapter, the controller bears the burden of demonstrating that such processing:

    1. (1) qualifies for the exemption; and
    2. (2) complies with the requirements set forth in this section.

As added by P.L.94-2023, SEC.1.

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