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Introduced House Bill (H)

Authored by

DIGEST

Communications service customer information. Requires a communications service provider (provider) to provide notice to its Indiana customers of its privacy policies. Requires that the provider's notice include specified information about the provider's use and disclosure of customer proprietary information. Sets forth a customer's opt-out and opt-in approval rights for giving consent for a provider to use, disclose, or permit access to the customer's proprietary information. Requires a provider to make available a mechanism for customers to grant, deny, or withdraw opt-out or opt-in approval at any time. Specifies that a provider doing business in Indiana is subject to the: (1) Communications service customer information. Requires a communications service provider (provider) to provide notice to its Indiana customers of its privacy policies. Requires that the provider's notice include specified information about the provider's use and disclosure of customer proprietary information. Sets forth a customer's opt-out and opt-in approval rights for giving consent for a provider to use, disclose, or permit access to the customer's proprietary information. Requires a provider to make available a mechanism for customers to grant, deny, or withdraw opt-out or opt-in approval at any time. Specifies that a provider doing business in Indiana is subject to the: (1) the requirements concerning: (A) the safeguarding of the personal information of Indiana residents; and (B) the disclosure of security breaches that compromise the security of personal information maintained by the provider; that are set forth in the Indiana Code provisions governing security breaches by nongovernmental entities; and (2) the penalties set forth in those provisions for violations. Prohibits a provider of broadband Internet access service (BIAS) from doing the following: (1) Conditioning the provision of BIAS on a customer's agreement to waive any privacy rights guaranteed by law. (2) Terminating service or otherwise refusing to provide BIAS because of a customer's refusal to waive any privacy rights guaranteed by law. Provides that a BIAS provider that offers a financial incentive (such as lower monthly rates) in exchange for a customer's approval to use, disclose, or permit access to the customer's proprietary information must do the following: (1) Provide notice explaining the terms of the financial incentive program. (2) Obtain a customer's opt-in approval for participation in the program. (3) For customers that provide opt-in approval to participate in the program, make available a mechanism for those customers to withdraw the approval at any time. With respect to the provision of communications service other than BIAS to an enterprise customer, permits a communications service provider to bind itself contractually to privacy and data security practices other than those set forth in these new provisions, if certain conditions are met. Provides that a provider that violates these new provisions commits a deceptive act that is subject to the provisions of the Indiana Code concerning deceptive consumer sales. ... View more