Data Breach Requirements: La. R.S. § 51:3073 et seq.
The numbering and internal citations herein are derived from the applicable state statute.
Personal Information
The term “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:
(i) Social Security number.
(ii) Driver’s license number or state identification card number.
(iii) 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.
(iv) Passport number.
(v) Biometric data, which means 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.
Security Breach Definition
The term “breach of the security of the system” means the compromise of the security, confidentiality, or integrity of computerized data that results in, or has a reasonable likelihood to result in, the unauthorized acquisition of and access to personal information maintained by an agency or person.
Good Faith Exception
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.
Risk of Harm Analysis
A breach notification 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 30 days from the date of receipt of the request. The provisions of R.S. 51:1404(A)(1)(c) shall apply to a written determination and supporting documentation sent to the attorney general pursuant to this law.
Notification Timeline
A breach notification shall be made in the most expedient time possible and without unreasonable delay, but not later than 60 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.
Security and Investigation Exceptions
If a law enforcement agency determines that the breach notification would impede a criminal investigation, such notification may be delayed until such law enforcement agency determines that the notification will no longer compromise such investigation.
Notification Content Requirements
N/A
Delivery Methods
A breach notice may be provided by one of the following methods:
(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 (The Electronic Signatures in Global and National Commerce Act).
(3) Substitute notification, if an agency or person demonstrates that the cost of providing notification would exceed $100,000, or that the affected class of persons to be notified exceeds 100,000, or the agency or person does not have sufficient contact information.
Substitute Notice
Substitute notification shall consist of all of the following:
(a) Email notification when the agency or person has an email address for the subject persons.
(b) Conspicuous posting of the notification on the internet site of the agency or person, if an internet site is maintained.
(c) Notification to major statewide media.
Notice to Government Agencies
See Louisiana Breach Notice Regulation (16 LA Code ch 7, § 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.
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.
C. Written notification shall be mailed to:
Louisiana Department of Justice
Office of the Attorney General
Consumer Protection Section
1885 N. Third Street
Baton Rouge, LA 70802
Consumer Reporting Agencies
N/A
Preemption and Compliance
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 shall be deemed to be in compliance with this law.
Data Processor Obligations
Any agency or person that maintains computerized data that includes personal information that the agency or person does not own shall notify the owner or licensee of the information if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person through a breach of security of the system containing such data, following discovery by the agency or person of a breach of security of the system.
Other Information
When a breach notification is delayed because of the security and investigation exceptions, or due to a determination by the person or agency that measures are necessary to determine the scope of the breach, prevent further disclosures, and restore the reasonable integrity of the data system, the person or agency shall provide the attorney general the reasons for the delay in writing within the 60-day notification period provided in this subsection. Upon receipt of the written reasons, the attorney general shall allow a reasonable extension of time to provide the breach notification.
Data Disposal and Security: La. R.S. §§ 51:3073 and 51:3074.
The numbering and internal citations herein are derived from the applicable state statute. See statute for any applicable exceptions or exemptions.
Key Terms
The term “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:
(i) Social Security number.
(ii) Driver’s license number or state identification card number.
(iii) Account, 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.
(iv) Passport number.
(v) Biometric data, which means 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.
Security Requirements
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.
Data Disposal
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.