Indiana recently amended its breach notification law to include as personal information age verification information collected by adult websites. At the same time, the state passed a new law for adult websites. The law required that these sites use a "reasonable" method to verify users' ages. The law also creates a private right of action for parents of minors who access the sites. The law has been blocked, however, by a lawsuit arguing it violates First Amendment.
Putting It Into Practice: This amendment, although not challenged along with the age verification law, will have limited impact. Not only does it apply only to adult websites, but it applies to information that they are not currently collecting. It does show, however, that states continue to tweak their data breach notification laws.
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