Law note · Indiana
Indiana Consumer Data Protection Act, sensitive data and biometric data definitions
INCDPA classifies racial or ethnic origin, religious belief, a health diagnosis made by a health care provider, sexual orientation, citizenship or immigration status, genetic or biometric data processed to uniquely identify a specific individual, a known child's data, and precise geolocation data as sensitive data requiring the consumer's consent before processing, except that a known child's sensitive data may instead be processed under COPPA's consent framework.
'Biometric data' means data from automatic measurement of an individual's biological characteristics used to identify them, such as a fingerprint, voiceprint, or retina or iris image, but the definition carries a blanket, unconditional exclusion for a physical or digital photograph, a video or audio recording, or any data generated from either, with no clawback for data generated to identify someone.
A faceprint or voiceprint extracted from a recording therefore falls outside both biometric data and sensitive data under Indiana law, regardless of the purpose for which it was extracted; only a biometric identifier captured directly, such as from a live scanner, triggers this consent duty.
What it asks of an app
- Obtain an Indiana consumer's consent before processing sensitive data, including genetic or biometric data collected to uniquely identify the individual, or process a known child's sensitive data only under COPPA's consent framework.
- Do not treat an identifier derived solely from a photograph, video, or audio recording as INCDPA biometric data. The definition excludes any data generated from such a recording, with no exception for data generated to identify someone.
- Treat a voiceprint or faceprint captured directly, for example from a live biometric scanner, as sensitive data requiring consent, and treat one extracted from a recording as ordinary personal data instead.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, crawls_web, trains_models
Primary source: official Indiana statute text, Indiana Code Article 15, Indiana General Assembly