2014 Indiana Code TITLE 4. STATE OFFICES AND ADMINISTRATION ARTICLE 1. MISCELLANEOUS PROVISIONS CHAPTER 11. NOTICE OF SECURITY BREACH
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IC 4-1-11
Chapter 11. Notice of Security Breach
IC 4-1-11-1
Applicability
Sec. 1. This chapter applies after June 30, 2006.
As added by P.L.91-2005, SEC.2.
IC 4-1-11-2
"Breach of the security of the system"
Sec. 2. (a) As used in this chapter, "breach of the security of the
system" means unauthorized acquisition of computerized data that
compromises the security, confidentiality, or integrity of personal
information maintained by a state or local agency.
(b) The term does not include the following:
(1) Good faith acquisition of personal information by an agency
or employee of the agency for purposes of the agency, if the
personal information is not used or subject to further
unauthorized disclosure.
(2) Unauthorized acquisition of a portable electronic device on
which personal information is stored if access to the device is
protected by a password that has not been disclosed.
As added by P.L.91-2005, SEC.2.
IC 4-1-11-3
"Personal information"
Sec. 3. (a) As used in this chapter, "personal information" means:
(1) an individual's:
(A) first name and last name; or
(B) first initial and last name; and
(2) at least one (1) of the following data elements:
(A) Social Security number.
(B) Driver's license number or identification card number.
(C) Account number, credit card number, debit card number,
security code, access code, or password of an individual's
financial account.
(b) The term does not include the following:
(1) The last four (4) digits of an individual's Social Security
number.
(2) Publicly available information that is lawfully made
available to the public from records of a federal agency or local
agency.
As added by P.L.91-2005, SEC.2.
IC 4-1-11-4
"State agency"
Sec. 4. As used in this section "state agency" has the meaning set
forth in IC 4-1-10-2.
As added by P.L.91-2005, SEC.2.
IC 4-1-11-5
Disclosures of security breach
Sec. 5. (a) Any state agency that owns or licenses computerized
data that includes personal information shall disclose a breach of the
security of the system following discovery or notification of the
breach to any state resident whose unencrypted personal information
was or is reasonably believed to have been acquired by an
unauthorized person.
(b) The disclosure of a breach of the security of the system shall
be made:
(1) without unreasonable delay; and
(2) consistent with:
(A) the legitimate needs of law enforcement, as described in
section 7 of this chapter; and
(B) any measures necessary to:
(i) determine the scope of the breach; and
(ii) restore the reasonable integrity of the data system.
As added by P.L.91-2005, SEC.2.
IC 4-1-11-6
Notification to third party owner of security breach
Sec. 6. (a) This section applies to a state agency that maintains
computerized data that includes personal information that the state
agency does not own.
(b) If personal information was or is reasonably believed to have
been acquired by an unauthorized person, the state agency shall
notify the owner or licensee of the information of a breach of the
security of the system immediately following discovery. The agency
shall provide the notice to state residents as required under section
5 of this chapter.
As added by P.L.91-2005, SEC.2.
IC 4-1-11-7
Time requirement for notification
Sec. 7. The notification required by this chapter:
(1) may be delayed if a law enforcement agency determines that
the notification will impede a criminal investigation; and
(2) shall be made after the law enforcement agency determines
that it will not compromise the investigation.
As added by P.L.91-2005, SEC.2.
IC 4-1-11-8
Form of notification
Sec. 8. Except as provided in section 9 of this chapter, a state
agency may provide the notice required under this chapter:
(1) in writing; or
(2) by electronic mail, if the individual has provided the state
agency with the individual's electronic mail address.
As added by P.L.91-2005, SEC.2.
IC 4-1-11-9
Alternate form of notification
Sec. 9. (a) This section applies if a state agency demonstrates that:
(1) the cost of providing the notice required under this chapter
is at least two hundred fifty thousand dollars ($250,000);
(2) the number of persons to be notified is at least five hundred
thousand (500,000); or
(3) the agency does not have sufficient contact information;
the state agency may use an alternate form of notice set forth in
subsection (b).
(b) A state agency may provide the following alternate forms of
notice if authorized by subsection (a):
(1) Conspicuous posting of the notice on the state agency's web
site if the state agency maintains a web site.
(2) Notification to major statewide media.
As added by P.L.91-2005, SEC.2.
IC 4-1-11-10
Notification to consumer reporting agencies
Sec. 10. If a state agency is required to provide notice under this
chapter to more than one thousand (1,000) individuals, the state
agency shall notify without unreasonable delay all consumer
reporting agencies (as defined in 15 U.S.C. 1681a) of the distribution
and content of the notice.
As added by P.L.91-2005, SEC.2. Amended by P.L.1-2006, SEC.7.
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