February 1, 2023

Volume XIII, Number 32

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Indiana Amends Breach Notification Law to Require Notification Within 45 Days

Indiana has amended its breach notification law to require entities to notify individuals “without unreasonable delay, but not more than forty-five (45) days after the discovery of the breach.” It clarifies that a delay is “reasonable” if it 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.” IN LEGIS 171-2022 (2022), 2022 Ind. Legis. Serv. P.L. 171-2022 (H.E.A. 1351) (WEST)

The law goes into effect on July 2, 2022.

On a side note, the Indiana Attorney General’s office is well known when it comes to consumer protection and frequently issues data requests after receiving notice that an Indiana resident’s personal information may have been compromised. Therefore, it is worthwhile to be aware of this new time frame when sending notification to individuals and the Indiana AG.

Copyright © 2023 Robinson & Cole LLP. All rights reserved.National Law Review, Volume XII, Number 83
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About this Author

Linn F. Freedman, Robinson Cole Law Firm, Cybersecurity and Litigation Law Attorney, Providence
Partner

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She provides guidance on data privacy and cybersecurity compliance to a full range of public and private clients across all industries, such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine, and charitable organizations. Linn is a member of the firm's Business Litigation Group and chairs its Data Privacy + Cybersecurity Team. She is also a member of the Financial Services Cyber-Compliance Team (CyFi ...

401-709-3353
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