Kirk J. Nahra and Ali A. Jessani of WilmerHale write:
On Tuesday, April 11, the Indiana House passed Senate Bill No. 5, a comprehensive state privacy law similar to the ones that are already in effect in California, Colorado, Virginia, Utah and Connecticut. This bill previously passed (49 – 0) in the Indiana Senate on February 9. Due to minor House amendments, the House version of the bill received Senate concurrence on April 13, and now moves to the Indiana Governor’s desk for signature. If Senate Bill No. 5 is signed into law, Indiana, would join Iowa and become the second state this year to pass a comprehensive privacy law.
Unlike the Iowa bill set to go into effect in 2025, the Indiana bill would not go into effect until July 1, 2026, leaving plenty of time for amendments to current provisions. As drafted, the bill does not pose any substantive requirements for companies that do not already exist under the other six active laws. However, companies should track amendments to these proposals as there is still plenty of time for them to change before they go into effect. Further, companies should prepare to review and revise their privacy compliance program and assess whether they wish to undertake a nationwide approach and provide certain privacy rights to all US consumers.
Read more at WilmerHale.