Sec. 12. As used in this chapter, “nonpublic information” means electronic information that is not publicly available information and is described in either of the following subdivisions:

(1) Any information concerning a consumer, which because of name, number, personal mark, or other identifier can be used, in combination with any one (1) or more of the following data elements, to identify the consumer:

Terms Used In Indiana Code 27-2-27-12

  • consumer: means a resident of Indiana whose nonpublic information is in a licensee's possession, custody, or control. See Indiana Code 27-2-27-4
  • publicly available information: means any information that a licensee has a reasonable basis to believe is lawfully made available to the general public from:

    Indiana Code 27-2-27-13

(A) Social Security number.

(B) Driver’s license number or nondriver identification card number.

(C) Financial account number, credit card number, or debit card number.

(D) Any security code, access code, or password that would permit access to a consumer’s financial account.

(E) Biometric records.

(2) Any information or data, except age or gender, in any form or medium created by or derived from a health care provider or a consumer that can be used to identify a consumer and relates to:

(A) the past, present, or future physical, mental, or behavioral health or condition of the consumer or a member of the consumer’s family;

(B) the provision of health care to the consumer; or

(C) payment for the provision of health care provided to the consumer.

As added by P.L.130-2020, SEC.10.