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Employee Privacy: Indiana

Employee Privacy requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick and Alexander E. Preller, Faegre Drinker Biddle & Reath LLP


  • Indiana recognizes a right to privacy to warrant caution by employers. See Right to Privacy.
  • Employers may conduct criminal history checks on job applicants and employees subject to certain exceptions. See Criminal History.
  • Indiana only allows for AIDS testing with prior consent. See AIDS Testing.
  • Employers in Indiana may conduct medical testing and medical inquiries subject to certain restrictions. See Medical Testing and Medical Inquiries.
  • Indiana requires the consent of one of the parties when electronic communications are intercepted. See Interception of Electronic Communications.
  • Employers should administer employment tests in a nondiscriminatory manner. See Employment Tests.
  • Indiana has laws regarding drug testing of employees and applicants. SeeDrug Testing.
  • Indiana law has certain requirements when secure data is breached. See Disclosure of Security Breaches.
  • Employers are prohibited from requiring current and prospective employees to submit to having a device implanted, injected or otherwise incorporated into their body. See Microchip Implantation.