Will Indiana Take First Place in the Race to Pass Privacy Legislation?
Legislators in the United States are going full steam ahead in 2023 with newly proposed privacy laws and vital legislative sessions that will determine the fate of privacy while a federal law hangs in the balance. Indiana is on the list of states that have made significant headway with a privacy bill that could successfully pass and bring new regulations to the doorstep of relevant companies.
Why Is Indiana’s Bill Important to Watch?
While Indiana’s proposed bill isn’t groundbreaking as it closely follows Virginia’s Consumer Data Protection Act’s framework, having a heartland state pass a bill emulating Virginia’s framework will add significant pressure on congress for a federal law. In the end, federal law could simplify requirements for organizations and provide a much-needed blanket approach across the nation that makes efforts to stay off enforcement radar easier to manage.
History of the Bill
Following a 49-0 Senate floor vote on February 9th, Indiana’s proposal was the first to switch chambers for the second year in a row. Last year, a similar bill was one floor reading away from being passed, and Senator Liz Brown worked on the bill outside of session to position it for rapid action this year.
In a Senate committee hearing in January, Senator Brown said the legislation is not intended to be “a barrier to entry” for start-up companies whose operations depend on personal data. The inclusion of a 2028 sunset on the right to cure following the bill’s January 1, 2026 effective date is the only significant change from last year’s version that found opposition and ultimately didn’t make it through at that time.
House legislators in Indiana could attempt to harmonize the two plans and halt the current pace of SB 5 because the Indiana House has its own original comprehensive proposal in House Bill 1554.
What Other States Are Proposing Legislation?
As Truyo pointed out, New York is going full steam ahead with a new proposed privacy bill that could be the next law that’s complex and difficult to navigate, calling on companies to recognize stringent consumer protections. Other states moving forward with newly proposed bills are Iowa, Kentucky, Maryland, Massachusetts, Mississippi, Oklahoma, Oregon, Tennessee, and Texas. We will continue to keep you apprised of any advancement of proposed privacy bills.
Author
