Sec. 32. (a) A licensee that satisfies the requirements of this chapter is entitled to an affirmative defense to any cause of action sounding in tort that:

(1) is brought under the laws or in the courts of this state; and

Terms Used In Indiana Code 27-2-27-32

  • licensee: means a person that is:

    Indiana Code 27-2-27-10

  • nonpublic information: means electronic information that is not publicly available information and is described in either of the following subdivisions:

    Indiana Code 27-2-27-12

  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(2) alleges that the failure to implement reasonable information security controls resulted in a data breach concerning nonpublic information.

     (b) The affirmative defense available under this section does not limit any other affirmative defenses available to a licensee.

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