Browse data breach notification laws in the United States by states or territories. This database currently includes breach statutes for a business that collects personal information. This database is for informational purposes only and may not be up-to-date. Please review our Terms of Service. Report any errors or issues to: webmaster@amp.legal.
| Last Updated | Louisiana breach law summary was last updated on 07/02/2017 |
| Statute | La. Rev. Stat. § 51:3071 et seq. [View Source] [Download PDF] |
| Covered Entities | "Person" means any individual, corporation, partnership, sole proprietorship, joint stock company, joint venture, or any other legal entity. |
| Covered Information | "Personal Information" includes First Name (or First Initial) and Last Name PLUS one of the following:
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| Form of Information | Electric |
| Breach Trigger | The compromise of the security, confidentiality, or integrity of computerized data that results in, or there is a reasonable basis to conclude has resulted in, the unauthorized acquisition of and access to personal information maintained by an agency or person. |
| Encryption Safe Harbor | Yes. Personal information means an individual's first name or first initial and last name in combination with any one or more of the data elements, when the name or the data element is not encrypted or redacted. |
| Risk of Harm Analysis | Yes. Notification under this title is not required if after a reasonable investigation the person or business determines that there is no reasonable likelihood of harm to customers. |
| Consumer Notice | 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, following discovery of a breach in the security of the system containing such data, notify any resident of the state whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. |
| Government Agency Notice | Yes, under La. Admin. Code § 16:III.701(A). When notice to Louisiana citizens is required pursuant to R.S. 51:3074, 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. |
| Credit Agency Notice | None. |
| Penalties | Yes, up to $5,000 under La. Admin. Code § 16:III.701(B). 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. |
| Private Cause of Action | Yes. 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. |