IC 24-15-8-7: Processing of personal data for authorized purposes; collection, use, or retention of personal data; burden of proof for exemption

Sec. 7. (a) Personal data processed by a controller for a purpose authorized under this chapter may not be processed for any other purpose unless otherwise allowed under this article. Personal data processed by a controller under this chapter may be processed to the extent that such processing is:

(1) reasonably necessary and proportionate to a purpose authorized under this chapter; and

(2) adequate, relevant, and limited to what is necessary in relation to the specific purpose.

(b) Personal data collected, used, or retained under section 2 of this chapter:

(1) shall, as applicable, take into account the nature and purpose of the collection, use, or retention; and

(2) must be subject to reasonable administrative, technical, and physical measures to:

(A) protect the confidentiality, integrity, and accessibility of the personal data; and

(B) reduce reasonably foreseeable risks of harm to consumers relating to such collection, use, or retention of the personal data.

(c) If a controller processes personal data pursuant to an exemption under this chapter, the controller bears the burden of demonstrating that such processing:

(1) qualifies for the exemption; and

(2) complies with the requirements set forth in this section.