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with Inhouse Counsel
Indiana recently amended
its breach notification law to include as personal information age
verification information collected by adult websites. At the same
time, the state passed a new law for adult websites. The law
required that these sites use a "reasonable" method to
verify users' ages. The law also creates a private right of
action for parents of minors who access the sites. The law has been
blocked, however, by a lawsuit arguing it violates First
Amendment.
Putting It Into Practice: This amendment, although not
challenged along with the age verification law, will have limited
impact. Not only does it apply only to adult websites, but it
applies to information that they are not currently collecting. It
does show, however, that states continue to tweak their data breach notification
laws.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
