In advance of the Indiana Consumer Data Protection Act’s (“Act”) effective date on January 1, 2026, the Indiana Attorney General released a Data Consumer Bill of Rights (“Bill of Rights”) that summarizes the rights created in the Act.

The Bill of Rights explains that consumers have certain rights under the Act, including:

  • Right to Know: The Bill of Rights explains that consumers have a right to know if a controller is processing their data and to obtain a copy of the personal data the consumer has previously provided to a controller. The Bill of Rights also explains to consumers that controllers are required to publish a privacy notice with the categories of personal information collected, processed, and disclosed.
  • Right to Control: The Bill of Rights categorizes several consumer rights under the group of “right to control.” Specifically, it details that consumers have the right to correct inaccuracies in personal data they previously provided to the controller and request the deletion of their personal data. Additionally, the Bill of Rights describes the right to portability as the right to “easily move [consumers’] personal data to different platforms.”
  • Right to Protect:  Under the description “right to protect,” the Bill of Rights details consumers’ rights to opt-out of processing their personal data for targeted advertising, sale, or profiling for certain purposes. Additionally, the Bill of Rights states that consumers have the right to consent to the processing of their sensitive personal data.
  • Right to Take Action: Consumers have the right to invoke and exercise their data privacy rights without discrimination and can appeal a controller’s decision to refuse a rights request.

Additionally, the Bill of Rights states that consumers have the right to have the collection of personal data limited to what is adequate, relevant and reasonably necessary to the purpose communicated by the controller and to consent to processing for purposes not reasonably necessary for nor compatible with the purpose communicated by the controller.

The Bill of Rights explains that consumers who believe a business has violated Indiana’s CDPA may submit a complaint to the Office of the Indiana Attorney General, including through the online portal available on the Attorney General’s website. The Act provides controllers or processors with a required 30-day cure period to resolve alleged violations. Indiana joins other states in publishing informal guidance ahead of 2026 privacy laws or updates taking effect. For example, the California Privacy Protection Agency recently released guidance on “7 Things to Know Before 2026 CCPA Updates Take Effect.”

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Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager is a recognized leader in representing companies before federal and state regulators, and is renowned for advising on minor protection, AI, and state comprehensive privacy laws.

Lindsey chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their…

Lindsey Tonsager is a recognized leader in representing companies before federal and state regulators, and is renowned for advising on minor protection, AI, and state comprehensive privacy laws.

Lindsey chairs the firm’s global Data Privacy and Cybersecurity practice. She advises clients in their strategic and proactive engagement with the Federal Trade Commission, the U.S. Congress, the California Privacy Protection Agency, and State Attorneys General on proposed changes to data protection laws, and regularly represents clients in responding to investigations and enforcement actions involving their privacy and information security practices.

Lindsey’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of artificial intelligence; data processing for robotics, autonomous vehicles, and other connected devices; biometrics; online advertising; the collection of personal information from children, teens, and students online; e-mail marketing; disclosures of video viewing information; and new technologies.

Lindsey also assesses privacy and data security risks in complex corporate transactions where personal data is a critical asset or data processing risks are otherwise material. In light of a dynamic regulatory environment where new state, federal, and international data protection laws are always on the horizon and enforcement priorities are shifting, she focuses on designing risk-based global privacy programs for clients that can keep pace with evolving legal requirements and efficiently leverage the clients’ existing privacy policies and practices. She conducts data protection assessments to benchmark against legal requirements and industry trends and proposes practical risk mitigation measures.

Photo of Jayne Ponder Jayne Ponder

Jayne Ponder provides strategic advice to national and multinational companies across industries on existing and emerging data privacy, cybersecurity, and artificial intelligence laws and regulations.

Jayne’s practice focuses on helping clients launch and improve products and services that involve laws governing data privacy…

Jayne Ponder provides strategic advice to national and multinational companies across industries on existing and emerging data privacy, cybersecurity, and artificial intelligence laws and regulations.

Jayne’s practice focuses on helping clients launch and improve products and services that involve laws governing data privacy, artificial intelligence, sensitive data and biometrics, marketing and online advertising, connected devices, and social media. For example, Jayne regularly advises clients on the California Consumer Privacy Act, Colorado AI Act, and the developing patchwork of U.S. state data privacy and artificial intelligence laws. She advises clients on drafting consumer notices, designing consent flows and consumer choices, drafting and negotiating commercial terms, building consumer rights processes, and undertaking data protection impact assessments. In addition, she routinely partners with clients on the development of risk-based privacy and artificial intelligence governance programs that reflect the dynamic regulatory environment and incorporate practical mitigation measures.

Jayne routinely represents clients in enforcement actions brought by the Federal Trade Commission and state attorneys general, particularly in areas related to data privacy, artificial intelligence, advertising, and cybersecurity. Additionally, she helps clients to advance advocacy in rulemaking processes led by federal and state regulators on data privacy, cybersecurity, and artificial intelligence topics.

As part of her practice, Jayne also advises companies on cybersecurity incident preparedness and response, including by drafting, revising, and testing incident response plans, conducting cybersecurity gap assessments, engaging vendors, and analyzing obligations under breach notification laws following an incident.

Jayne maintains an active pro bono practice, including assisting small and nonprofit entities with data privacy topics and elder estate planning.

Photo of Rosie Moss Rosie Moss

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology…

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology regulatory issues, including emerging artificial intelligence compliance matters. She assists clients in complying with federal and state privacy laws and Federal Communications Commission (FCC) regulations. Rosie also maintains an active pro bono practice.