H.E.A. 1212, P.L. 221
Effective: July 1, 2023
- Defines “personal information” as data that directly or indirectly identifies a “person” (including an individual, a corporation, a limited liability company, a government entity, a partnership, a trust, an estate, or other entity) as a: (1) member or supporter of; (2) volunteer for; or (3) donor to; a nonprofit organization.
- With certain exceptions (e.g., lawful court order, lawful discovery requests, admissible evidence, other legally required disclosures, etc.), prohibits a state agency (including an executive, judicial, or legislative branch agency, state educational institution, or body corporate and politic) or political subdivision from doing the following: (1) Requiring a person or nonprofit organization to provide personal information to the state agency or political subdivision. (2) Releasing, publicizing, or publicly disclosing personal information in the state agency or political subdivision’s possession. (3) Requesting or requiring a current or prospective contractor or grantee to provide a list of nonprofit organizations to which the current or prospective contractor or grantee has provided financial or nonfinancial support.
- Provides that personal information is considered confidential and is not subject to disclosure under Indiana’s access to public records act (APRA).
- Provides that a person alleging a violation of the bill’s provisions may bring a civil action for injunctive relief, specified damages, or both. In a judgment, the court may award all or part of the costs of the action, including reasonable attorney fees and witness fees to a complainant, if the court determines its appropriate.
- Provides that: (1) a public employee; (2) a public official; or (3) an employee or officer of a contractor or subcontractor for a public agency; who violates the bill’s provisions is subject to the penalties and discipline that apply with respect to violations of APRA.
Read the bill at: https://iga.in.gov/legislative/2023/bills/house/1212