Louisiana has not enacted a comprehensive consumer privacy law. Businesses are subject to strong data breach notification requirements and sector-specific regulations.
Louisiana Privacy & Accessibility Laws
Louisiana does not have a comprehensive consumer privacy law as of 2024, though legislation has been considered. The state has strong data breach notification requirements through the Database Security Breach Notification Law. Louisiana state agencies must ensure their digital services are accessible to individuals with disabilities.
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Privacy Law Status
No Comprehensive Law
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Accessibility Requirements
State IT Accessibility Standards
Louisiana state agencies must ensure websites and digital services are accessible under ADA Title II and state IT accessibility policies.
Louisiana Privacy Regulations
While Louisiana lacks a comprehensive privacy law, the state has enacted several important privacy protections:
Key Louisiana Privacy Laws
- Database Security Breach Notification Law (La. R.S. 51:3071): Strong data breach notification requirements
- Louisiana Unfair Trade Practices Act: Prohibits unfair or deceptive business practices
- Online Impersonation Act: Prohibits creating fake online profiles
- Student Privacy Protection Act: Protects student educational data
Data Breach Notification Requirements
| Requirement | Details |
|---|---|
| Covered Entities | Any person or agency that conducts business in Louisiana and owns or licenses computerized data containing personal information |
| Notification Timeline | Within 60 days of discovering the breach |
| AG Notification | Required if breach affects more than 500 Louisiana residents |
| Covered Data | Name plus SSN, driver's license, financial account, password, biometric data, or medical information |
| Penalties | Up to $5,000 per violation; consumer private right of action for actual damages |
Accessibility Requirements
Louisiana government agencies must ensure digital accessibility for all residents:
State Government Obligations
- Louisiana state agencies must comply with ADA Title II for all public-facing digital content
- Office of Technology Services provides accessibility standards and guidance
- State websites must follow WCAG 2.1 Level AA guidelines
- Educational institutions must ensure accessible digital learning materials
- State IT procurement requires vendor accessibility compliance
Private Sector Considerations
- Businesses with physical locations in Louisiana are subject to ADA Title III
- Website accessibility claims can be brought under federal ADA
- Healthcare providers must ensure accessible patient portals
- Financial institutions must provide accessible online banking services
Enforcement
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Privacy Enforcement
- Louisiana Attorney General - Consumer protection and data breach enforcement
- Consumer Protection Section - Investigates complaints
- Private right of action - Consumers can sue for actual damages from breach notification failures
Contact:
Office of the Attorney General
Consumer Protection Section
P.O. Box 94005
Baton Rouge, LA 70804
(225) 326-6400
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Accessibility Enforcement
- U.S. Department of Justice - ADA Title II and III enforcement
- Louisiana Commission on Human Rights - State disability discrimination
- Private litigation - Federal ADA claims
Contact:
Advocacy Center Louisiana
8325 Oak Street
New Orleans, LA 70118
(504) 522-2337
Business Obligations
| Obligation | Description |
|---|---|
| Data Security | Implement reasonable security measures to protect personal information |
| Breach Notification | Notify affected individuals within 60 days and notify AG for 500+ resident breaches |
| Written Security Policy | Businesses holding Louisiana resident data must implement security procedures |
| Student Data | EdTech companies must follow Student Privacy Protection Act requirements |
| Data Disposal | Properly destroy records containing personal information |
Consumer Rights
Louisiana residents have the following privacy rights:
- Breach Notification: Right to notification within 60 days of a data breach
- Private Right of Action: Can sue for actual damages from breach notification failures
- Consumer Protection: Protection against unfair or deceptive data practices
- Student Data Rights: Parents and students have rights regarding educational data
- Credit Freeze: Right to place security freezes on credit reports
- Medical Privacy: Rights under HIPAA and state medical privacy laws
Future Legislation
Louisiana legislators have considered comprehensive privacy bills, including the Louisiana Consumer Privacy Act. While no comprehensive law has passed, businesses should monitor legislative developments and prepare for potential future requirements.
Related Resources
- US Privacy Laws Overview
- ADA Title II Requirements
- ADA Title III for Businesses
- All State Laws
- Privacy Compliance Guide
- Report a Violation
Need Help with Louisiana Compliance?
While Louisiana lacks a comprehensive privacy law, businesses must still comply with strong data breach notification requirements and federal accessibility standards. Contact our experts for guidance on meeting your obligations.