Indiana Code 27-2-27-32. Affirmative defense
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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:
(2) alleges that the failure to implement reasonable information security controls resulted in a data breach concerning nonpublic information.
(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.
(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.