Who Is Covered?

Any person that owns or licenses computerized data that includes personal information, or any agency that owns or licenses computerized data that includes personal information. La. Rev. Stat. Ann. § 51:3074

What Information Is Protected?

“Personal information” means the first name or first initial and last name of an individual resident of this state in combination with any one or more of the following data elements, when the name or the data element is not encrypted or redacted:

1. Social security number.
2. Driver’s license number or state identification card number.
3. Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account.
4. Passport number.
5. Biometric data, meaning data generated by automatic measurements of an individual’s biological characteristics, such as fingerprints, voice print, eye retina or iris, or other unique biological characteristic that is used by the owner or licensee to uniquely authenticate an individual’s identity when the individual accesses a system or account. La. Rev. Stat. Ann. § 51:3073(4).

What Is A “Breach”?

“Breach of the security of the system” means the compromise of the security, confidentiality, or integrity of computerized data that results in, or there is a reasonable likelihood to result in, the unauthorized acquisition of and access to personal information maintained by an agency or person. Good faith acquisition of personal information by an employee or agent of an agency or person for the purposes of the agency or person is not a breach of the security of the system, provided that the personal information is not used for, or is subject to, unauthorized disclosure. La. Rev. Stat. Ann. § 51:3073(2).

What Triggers Notification?

Discovery of a breach in the security of the system involving a resident’s personal information that was, or is reasonably believed to have been, acquired by an unauthorized person. La. Rev. Stat. Ann. § 51:3074(C).

Likelihood of Harm Analysis: Notification as provided in this Section shall not be required if after a reasonable investigation, the person or business determines that there is no reasonable likelihood of harm to the residents of this state. The person or business shall retain a copy of the written determination and supporting documentation for five years from the date of discovery of the breach of the security system. If requested in writing, the person or business shall send a copy of the written determination and supporting documentation to the attorney general no later than thirty days from the date of receipt of the request. La. Rev. Stat. Ann. § 51:3074(I).

How Is Notice Provided To Individuals?

Timing: Notification must be made in the most expedient time possible and without unreasonable delay but not later than sixty days from the discovery of the breach, consistent with the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach, prevent further disclosures, and restore the reasonable integrity of the data system. La. Rev. Stat. Ann. § 51:3074(E).

Delivery: Notification may be made by:

1. Written notification.
2. Electronic notification, if the notification provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. 7001.
3. Substitute notification, if an agency or person demonstrates that the cost of providing notification would exceed one hundred thousand dollars, or that the affected class of persons to be notified exceeds one hundred thousand, or the agency or person does not have sufficient contact information. La. Rev. Stat. Ann. § 51:3074(G).

Content: None specified.

Is Notice To The Government Required?

Yes. When notice to Louisiana citizens is required, the person or agency shall provide written notice detailing the breach of the security of the system to the Consumer Protection Section of the Attorney General’s Office. Notice shall include the names of all Louisiana citizens affected by the breach. La. Admin. Code tit.16 § III.701(A).

Is Notice To Credit Reporting Agencies Required?

No.

Are There Security Measure Standards?

Yes. Any person that conducts business in the state or that owns or licenses computerized data that includes personal information, or any agency that owns or licenses computerized data that includes personal information, shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. La. Rev. Stat. Ann. § 51:3074(A).

Also, any person that conducts business in the state or that owns or licenses computerized data that includes personal information, or any agency that owns or licenses computerized data that includes personal information shall take all reasonable steps to destroy or arrange for the destruction of the records within its custody or control containing personal information that is no longer to be retained by the person or business by shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any means. La. Rev. Stat. Ann. § 51:3074(B).

What Are The Possible Consequences Of A Violation?

A civil action may be instituted to recover actual damages resulting from the failure to disclose in a timely manner to a person that there has been a breach of the security system resulting in the disclosure of a person’s personal information. La. Rev. Stat. Ann. § 51:3075.

Additionally, failure to provide timely notice may be punishable by a fine not to exceed $5,000 per violation. Notice to the attorney general shall be timely if received within 10 days of distribution of notice to Louisiana citizens. Each day notice is not received by the attorney general shall be deemed a separate violation. La. Admin. Code tit.16 § III.701(B).

Are There Any Exemptions/Exceptions?

An agency or person that maintains a notification procedure as part of its information security policy for the treatment of personal information which is otherwise consistent with the timing requirements of this Section shall be considered to be in compliance with the notification requirements of this Section if the agency or person notifies subject persons in accordance with the policy and procedure in the event of a breach of security of the system. La. Rev. Stat. Ann. § 51:3074(H).

Also, a financial institution that is subject to and in compliance with the Federal Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice, issued on March 7, 2005, by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency and the Office of Thrift Supervision, and any revisions, additions, or substitutions relating to said interagency guidance, shall be deemed to be in compliance with this Chapter. La. Rev. Stat. Ann. § 51:3076.