Indiana § 24-15-1-2 - Exempt information and data

§ 24-15-1-2. Exempt information and data

Sec. 2. The following information and data are exempt from this article:

(1) Protected health information under HIPAA and related regulations under 45 CFR Part 160, 45 CFR Part 162, and 45 CFR Part 164.

(2) Patient identifying information for purposes of 42 U.S.C. 290dd-2.

(3) Any of the following:

(A) Identifiable private information for purposes of the federal policy for the protection of human subjects under 45 CFR Part 46.

(B) Identifiable private information that is otherwise information collected as part of human subjects research under the good clinical practice guidelines issued by the International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use.

(C) The protection of human subjects under 21 CFR Parts 50 and 56.

(D) Personal data used or shared in research conducted in accordance with the requirements set forth in this article.

(E) Other research conducted in accordance with applicable law.

(4) Information and documents created for purposes of the federal Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.).

(5) Patient safety work product for purposes of the federal Patient Safety and Quality Improvement Act (42 U.S.C. 299b-21 et seq.).

(6) Information derived from any of the health care related information set forth in this section that is de-identified in accordance with the requirements for de-identification under HIPAA.

(7) Information:

(A) originating from;

(B) intermingled with so as to be indistinguishable from; or

(C) treated in the same manner as;

information that is exempt under this section and that is maintained by a covered entity or business associate, as defined in HIPAA, or a program or qualified service organization under 42 U.S.C. 290dd-2.

(8) Information used only for public health activities and purposes, as authorized by HIPAA.

(9) The collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by:

(A) a consumer reporting agency, furnisher, or user that provides information for use in a consumer report; or

(B) a user of a consumer report;

but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

(10) Personal data collected, processed, sold, or disclosed in compliance with the federal Driver's Privacy Protection Act of 1994 (18 U.S.C. 2721 et seq.).

(11) Personal data regulated by the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g et seq.).

(12) Personal data collected, processed, sold, or disclosed in compliance with the federal Farm Credit Act (12 U.S.C. 2001 et seq.).

(13) Data processed or maintained:

(A) in the course of an individual applying to, employed by, or acting as an agent or independent contractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role;

(B) as emergency contact information for an individual under this article and used for emergency contact purposes; or

(C) that is necessary to retain to administer benefits for another individual relating to the individual under clause (A) and used for the purposes of administering those benefits.

As added by P.L.94-2023, SEC.1.