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 counsels companies on the intersection of privacy, AI, and emerging technology regulation, and routinely represents clients in regulatory inquiries, investigations, and enforcement matters before federal and state agencies.

Jayne counsels clients across industries to launch and enhance products, services, and governance…

Jayne Ponder counsels companies on the intersection of privacy, AI, and emerging technology regulation, and routinely represents clients in regulatory inquiries, investigations, and enforcement matters before federal and state agencies.

Jayne counsels clients across industries to launch and enhance products, services, and governance programs involving their collection and use of data and emerging technologies. Her experience spans U.S. comprehensive privacy, automated decisionmaking, AI governance, biometric privacy, surveillance and algorithmic pricing, and AI transparency, disclosure, and safety frameworks. She partners with clients to design products and governance programs that keep pace with the dynamic regulatory environment, including in connection with digital and online advertising, social media, AI-powered and agentic services, connected devices, and robotics.

In addition, she advises companies on engagement with federal and state regulators, including through enforcement and rulemaking. Jayne analyzes privacy and security risks in complex corporate transactions. She also provides strategic input on the legislative, regulatory, and policy developments shaping the privacy and AI landscape.

Jayne maintains an active pro bono practice, focusing on assisting nonprofits with their privacy programs 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.