SB 386

2026 Regular Session  ENROLLED
  ACT No. 502
 SENATE BILL NO. 386
 BY SENATORS CONNICK, BARROW, HENRY, JACKSON-ANDREWS, JENKINS,
  LUNEAU, MILLER, PRICE, SELDERS, STINE AND WOMACK AND
  REPRESENTATIVE CHASSION
1AN ACT
2 To enact Chapter 20-B of Title 51 of the Louisiana Revised Statutes of 1950, to be
3comprised of R.S. 51:1780.1 through 1780.5, relative to consumer data privacy;
4creates the Louisiana Data Privacy Act; to provide for limitations and restrictions of
5the use of certain data; to provide for duties of a controller and processor; to provide
6for consumer rights regarding personal data; to provide for applicability and
7exemptions; to provide for public notice; to provide for definitions and terms; to
8provide for enforcement; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10Section 1. Chapter 20-B of Title 51 of the Louisiana Revised Statutes of 1950,
11 comprised of R.S. 51:1780.1 through 1780.5, is hereby enacted to read as follows:
12CHAPTER 20-B. LOUISIANA DATA PRIVACY ACT
13§1780.1. Definitions
14As used in this Chapter, the following terms have the following
15meanings:
16(1) "Affiliate" means a legal entity that controls, is controlled by, or is
17under common control with another legal entity or shares common branding
18with another legal entity. For purposes of this Paragraph, "control" or
19"controlled" means any of the following:
20(a) The ownership of, or power to vote, more than fifty percent of the
21outstanding shares of any class of voting security of a company.
22(b) The control in any manner over the election of a majority of the
23directors or of individuals exercising similar functions.
24(c) The power to exercise controlling influence over the management of
25a company.
26(2) "Authenticate" means to verify through reasonable means that the
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1consumer who is entitled to exercise the consumer's rights pursuant to R.S.
251:1780.3 is the same consumer exercising those consumer rights with respect
3to the personal data at issue.
4(3) "Biometric data" means data generated by automatic measurements
5of an individual's biological characteristics that are used to identify a specific
6individual. The term includes a fingerprint, voiceprint, eye retina or iris scan,
7or other unique biological pattern or characteristic when such data is used to
8identify the specific individual. The term does not include a physical or digital
9photograph or data generated from a physical or digital photograph or a video
10or audio recording or data generated from a video or audio recording, unless
11such data is generated to identify a specific individual. The term does not
12include information collected, used, or stored for health care treatment,
13payment, or operations under the Health Insurance Portability and
14Accountability Act of 1996, 42 U.S.C. 1320d et seq.
15(4) "Business associate" has the same meaning assigned to the term by
16the Health Insurance Portability and Accountability Act of 1996, 45 CFR Part
17160.103.
18(5) "Child" means an individual younger than thirteen years of age.
19(6) "Consent" when referring to a consumer means a clear affirmative
20act signifying a consumer's freely given, specific, informed, and unambiguous
21agreement to process personal data relating to the consumer. The term includes
22a written statement, including a statement written by electronic means, or any
23other unambiguous affirmative action. The term does not include any of the
24following:
25(a) Acceptance in a general or broad terms of use or similar document
26that contains descriptions of personal data processing along with other,
27unrelated information.
28(b) Hovering over, muting, pausing, or closing a given piece of content.
29(c) Agreement obtained through the use of dark patterns.
30(7) "Consumer" means an individual who is a resident of this state acting
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1only in an individual or household context. The term does not include an
2individual acting in a commercial or employment context.
3(8) "Controller" means an individual or other person that, alone or
4jointly with others, determines the purpose and means of processing personal
5data.
6(9) "Covered entity" has the meaning assigned to the term by the Health
7Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d et seq.
8(10) "Dark pattern" means a user interface designed or manipulated
9with the effect of substantially subverting or impairing user autonomy,
10decision-making, or choice, and includes any practice the Federal Trade
11Commission refers to as a dark pattern.
12(11) "Decision that produces a legal or similarly significant effect
13concerning a consumer" means a decision made by the controller that results
14in the provision or denial by the controller of any of the following:
15(a) Financial and lending services.
16(b) Housing, insurance, or healthcare services.
17(c) Education enrollment.
18(d) Employment opportunities.
19(e) Criminal justice.
20(f) Access to basic necessities, such as food and water.
21(12) "Deidentified data" means data that cannot reasonably be used to
22infer information about, or otherwise be linked to an identified or identifiable
23individual, or a device linked to that individual, if the controller or processor
24that possesses such data does all of the following:
25(a) Takes reasonable measures to ensure that such data cannot be
26associated with an individual.
27(b) Publicly commits to process such data only in a deidentified fashion
28and attempt to reidentify such data.
29(c) Contractually obligates any recipients of such data to satisfy the
30criteria set forth in Subparagraphs (a) and (b) of this Paragraph.
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1(13) "Healthcare provider" has the meaning assigned to the term by the
2Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d
3et seq.
4(14) "Health record" means any written, printed, or electronically
5recorded material maintained by a healthcare provider in the course of
6providing healthcare services to an individual that concerns the individual and
7the services provided. The term includes either one of the following items:
8(a) The substance of any communication made by an individual to a
9healthcare provider in confidence during or in connection with the provision of
10healthcare services.
11(b) Information otherwise acquired by the healthcare provider about an
12individual in confidence and in connection with healthcare services provided to
13the individual.
14(15) "Identified or identifiable individual" means a consumer who can
15be readily identified, directly or indirectly.
16(16) "Institution of higher education" means either one of the following
17items:
18(a) An institution of higher education as defined by law.
19(b) A private or independent institution of higher education as defined
20by law.
21(17) "Known child" means a child under circumstances where a
22controller has actual knowledge of, or willfully disregards, the child's age.
23(18) "Nonprofit organization" means any of the following:
24(a) A corporation organized under the provisions of Chapter 2 of Title
2512 of the Louisiana Revised Statutes of 1950, to the extent applicable to
26nonprofit corporations.
27(b) An organization exempt from federal taxation under Section 501(a)
28of the Internal Revenue Code of 1986, as amended by being listed as an exempt
29organization under Sections 501(c)(3), 501(c)(6), 501(c)(12), or 501(c)(19) of that
30Code.
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1(c) A political organization.
2(d) An organization that is exempt from federal taxation under Section
3501(a) of the Internal Revenue Code of 1986, as amended by being listed as an
4exempt organization under Section 501(c)(4) of that Code.
5(19) "Personal data" means any information, including sensitive data,
6that is linked or reasonably linkable to an identified or identifiable individual.
7The term does not include deidentified data or publicly available information.
8(20) "Political organization" means a party, committee, association,
9fund, or other organization, regardless of whether incorporated, that is
10organized and operated primarily for the purpose of influencing or attempting
11to influence either of the following:
12(a) The selection, nomination, election, or appointment of an individual
13to a federal, state, or local public office or an office in a political organization,
14regardless of whether the individual is selected, nominated, elected, or
15appointed.
16(b) The election of a presidential/vice-presidential elector, regardless of
17whether the elector is selected, nominated, elected, or appointed.
18(c) The outcome of any ballot measure, referendum, initiative, or recall
19election at the federal, state, or local level.
20(d) Any political, legislative, or public policy matter, including public
21opinion relating thereto.
22(21) "Precise geolocation data" means information derived from
23technology, including global positioning system level latitude and longitude
24coordinates or other mechanisms, that directly identifies the specific location of
25an individual with precision and accuracy within a radius of one thousand seven
26hundred fifty feet. The term does not include the content of communications, or
27any data generated by or connected to an advanced utility metering
28infrastructure system or to equipment for use by a utility.
29(22) "Process" or "processing" means an operation or set of operations
30performed, whether by manual or automated means, on personal data or on sets
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1of personal data, such as the collection, use, storage, disclosure, analysis,
2deletion, or modification of personal data.
3(23) "Processor" means a person that processes personal data on behalf
4of a controller.
5(24) "Profiling" means any form of solely automated processing
6performed on personal data to evaluate, analyze, or predict personal aspects
7related to an identified or identifiable individual's economic situation, health,
8personal preferences, interests, reliability, behavior, location, or movements.
9(25) "Protected health information" has the meaning assigned to the
10term by the Health Insurance Portability and Accountability Act of 1996, 42
11U.S.C. 1320d et seq.
12(26) "Pseudonymous data" means any information that cannot be
13attributed to a specific individual without the use of additional information,
14provided that the additional information is kept separately and is subject to
15appropriate technical and organizational measures to ensure that the personal
16data is not attributed to an identified or identifiable individual.
17(27) "Publicly available information" means information that is lawfully
18made available through government records, or information that a business has
19a reasonable basis to believe is lawfully made available to the general public
20through widely distributed media, by a consumer, or by a person to whom a
21consumer has disclosed the information, unless the consumer has restricted the
22information to a specific audience.
23(28) "Sale of personal data" means the exchange of personal data for
24monetary or other valuable consideration by the controller to a third party. The
25term does not include any of the following:
26(a) The disclosure of personal data to a processor that processes the
27personal data on the controller's behalf.
28(b) The disclosure of personal data to a third party for purposes of
29providing a product or service requested by the consumer.
30(c) The disclosure or transfer of personal data to an affiliate of the
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1controller.
2(d) The disclosure of information that the consumer intentionally made
3available to the general public through a mass media channel and did not
4restrict to a specific audience.
5(e) The disclosure of personal data directed by a consumer or made when
6the consumer uses the controller to interact with a third party.
7(f) The disclosure or transfer of personal data to a third party as an asset
8that is part of a merger, acquisition, or similar activity, or a proposed merger,
9acquisition, or similar activity.
10(29) "Sensitive data" means a category of personal data. The term
11includes any of the following:
12(a) Personal data revealing racial or ethnic origin, religious beliefs,
13mental or physical health diagnosis, sexuality, or citizenship or immigration
14status.
15(b) Genetic or biometric data that is processed for the purpose of
16uniquely identifying an individual.
17(c) Personal data collected from a known child.
18(d) Precise geolocation data.
19(30) "State agency" means a department, commission, board, office,
20council, authority, or other agency in any branch of state government that is
21created by the constitution or a statute of this state, including a university
22system or institution of higher education as defined by law.
23(31) "Targeted advertising" means displaying to a consumer an
24advertisement that is selected based on personal data obtained or inferred from
25that consumer's activities over time and across nonaffiliated websites or online
26applications to predict the consumer's preferences or interests. The term does
27not include an advertisement that is:
28(a) Based on activities within a controller's own websites or online
29applications.
30(b) Based on the context of a consumer's current search query, visit to
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1a website, or online application.
2(c) Directed to a consumer in response to the consumer's request for
3information or feedback.
4(d) The processing of personal data solely for measuring or reporting
5advertising performance, reach, or frequency.
6(32) "Third party" means a person, other than the consumer, the
7controller, the processor, or an affiliate of the controller or processor.
8(33) "Trade secret" means all forms and types of information, including
9business, scientific, technical, economic, or engineering information, and any
10formula, design, prototype, pattern, plan, compilation, program device,
11program, code, device, method, technique, process, procedure, financial data,
12or list of actual or potential customers or suppliers, whether tangible or
13intangible and whether or how stored, compiled, or memorialized physically,
14electronically, graphically, photographically, or in writing if:
15(a) The owner of the trade secret has taken reasonable measures under
16the circumstances to keep the information secret.
17(b) The information derives independent economic value, actual or
18potential, from not being generally known to, and not being readily
19ascertainable through proper means by, another person who can obtain
20economic value from the disclosure or use of the information.
21§1780.2. Applicability; preemption
22A. The provisions of this Chapter shall apply only to a person or entity
23that does business in the state and that satisfies one or more of the following
24thresholds:
25(1) Has annual gross revenues in excess of twenty-five million dollars.
26(2) Annually buys, receives for the business's commercial purposes, sells,
27or shares for commercial purposes the personal information of seventy-five
28thousand or more consumers, households, or devices.
29(3) Derives fifty percent or more of its annual revenues from selling
30consumers' personal information.
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1B. The provisions of this Chapter do not apply to any of the following
2items:
3(1) A state agency or a political subdivision of this state.
4(2) A financial institution and its affiliates or data subject to Title V,
5Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq., and the rules and
6implementing regulations promulgated thereunder.
7(3) A covered entity or business associate governed by the privacy,
8security, and breach notification rules issued by the United States Department
9of Health and Human Services, 45 CFR Parts 160 and 164, established under
10the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.
111320d et seq.
12(4) A nonprofit organization.
13(5) An institution of higher education.
14(6) An electric public utility as defined in R.S. 45:121.
15(7) A person, association, partnership, or corporation registered with the
16secretary of state as a conductor of public opinion polls pursuant to R.S. 14:325.
17C. The following information is exempt from this Chapter:
18(1) Protected health information under the Health Insurance Portability
19and Accountability Act of 1996, 42 U.S.C. 1320d et seq.
20(2) Health records.
21(3) Patient identifying information for purposes of 42 U.S.C. 290dd-2.
22(4) Identifiable private information:
23(a) For purposes of the federal policy for the protection of human
24subjects under 45 CFR Part 46.
25(b) Collected as part of human subjects research under the good clinical
26practice guidelines issued by The International Council for Harmonisation of
27Technical Requirements for Pharmaceuticals for Human Use, otherwise known
28as ICH, or of the protection of human subjects under 21 CFR Parts 50 and 56.
29(c) That is personal data used or shared in research conducted in
30accordance with the requirements set forth in this Chapter or other research
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1conducted in accordance with applicable law.
2(5) Information and documents created for purposes of the Health Care
3Quality Improvement Act of 1986, 42 U.S.C. 11101 et seq.
4(6) Patient safety work product for purposes of the Patient Safety and
5Quality Improvement Act of 2005, 42 U.S.C. 299b-21 et seq.
6(7) Information derived from any of the healthcare-related information
7listed in this Section that is deidentified in accordance with the requirements for
8deidentification under the Health Insurance Portability and Accountability Act
9of 1996, 42 U.S.C. 1320d et seq.
10(8)   Information     originating   from,    and    intermingled    to   be
11indistinguishable with, or information treated in the same manner as,
12information exempt under this Section that is maintained by a covered entity
13or business associate as defined by the Health Insurance Portability and
14Accountability Act of 1996, 42 U.S.C. 1320d et seq., or by a program or a
15qualified service organization as defined by 42 U.S.C. 290dd-2.
16(9) Information that is included in a limited data set as described by 45
17CFR 164.514(e), to the extent that the information is used, disclosed, and
18maintained in the manner specified by 45 CFR 164.514(e).
19(10) Information collected or used only for public health activities and
20purposes as authorized by the Health Insurance Portability and Accountability
21Act of 1996, 42 U.S.C. 1320d et seq.
22(11) The collection, maintenance, disclosure, sale, communication, or use
23of any personal information bearing on a consumer's creditworthiness, credit
24standing,    credit   capacity,    character,   general   reputation,     personal
25characteristics, or mode of living by a consumer reporting agency or furnisher
26that provides information for use in a consumer report, and by a user of a
27consumer report, but only to the extent that the activity is regulated by and
28authorized under the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.
29(12) Personal data collected, processed, sold, or disclosed in compliance
30with the Driver's Privacy Protection Act of 1994, 18 U.S.C. 2721 et seq.
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1(13) Personal data regulated by the Family Educational Rights and
2Privacy Act of 1974, 20 U.S.C. 1232g.
3(14) Personal data collected, processed, sold, or disclosed in compliance
4with the Farm Credit Act of 1971, 12 U.S.C. 2001 et seq.
5(15) Data processed or maintained in the course of an individual
6applying to, being employed by, or acting as an agent or independent contractor
7of a controller, processor, or third party, to the extent that the data is collected
8and used within the context of that role.
9(16) Data processed or maintained as the emergency contact information
10of an individual under this Chapter that is used for emergency contact
11purposes.
12(17) Data that is processed or maintained and is necessary to retain to
13administer benefits for another individual that relates to an individual
14described by R.S. 51:1780.1(15) and used for the purposes of administering
15those benefits.
16D. The provisions of this Chapter shall not apply to the processing of
17personal data by a person in the course of a purely personal or household
18activity.
19E. A controller or processor that complies with the verifiable parental
20consent requirements of the Children's Online Privacy Protection Act of 1998,
2115 U.S.C. 6501 et seq., and its rules, regulations, and exemptions with respect
22to data collected online is considered to be in compliance with any requirement
23to obtain parental consent under this Chapter.
24§1780.3. Consumer rights; requests; appeals
25A.(1) A consumer is entitled to exercise the consumer rights authorized
26by this Section at any time by submitting a request to a controller specifying the
27consumer rights the consumer wishes to exercise. With respect to the processing
28of personal data belonging to a known child, a parent or legal guardian of the
29child may exercise the consumer rights on behalf of the child.
30(2) A controller shall comply with an authenticated consumer request to
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1exercise the right to do any of the following:
2(a) Confirm whether a controller is processing the consumer's personal
3data and to access the personal data.
4(b) Correct inaccuracies in the consumer's personal data, taking into
5account the nature of the personal data and the purposes of the processing of
6the consumer's personal data.
7(c) Delete personal data provided by or obtained about the consumer.
8(d) If the data is available in a digital format, obtain a copy of the
9consumer's personal data that the consumer previously provided to the
10controller in a portable and, to the extent technically feasible, readily usable
11format that allows the consumer to transmit the data to another controller
12without hindrance.
13(e) Opt out of the processing of the personal data for purposes of:
14(i) Targeted advertising.
15(ii) The sale of personal data.
16(iii) Profiling in furtherance of a decision that produces a legal or
17similarly significant effect concerning the consumer.
18(3) Nothing in this Section shall require the controller to reveal a trade
19secret.
20B.(1) Except as otherwise provided by this Chapter, a controller shall
21comply with a request submitted by a consumer to exercise the consumer's
22rights pursuant to Paragraph (A)(1) of this Section.
23(2) A controller shall respond to the consumer request without undue
24delay, which may not be later than the forty-fifth calendar day after the date of
25receipt of the request. The controller may extend the response period once by
26an additional forty-five days when reasonably necessary, taking into account the
27complexity and number of the consumer's requests, so long as the controller
28informs the consumer of the extension within the initial forty-five day response
29period, together with the reason for the extension.
30(3) If a controller declines to take action regarding the consumer's
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1request, the controller shall inform the consumer without undue delay, which
2may not be later than the forty-fifth calendar day after the date of receipt of the
3request, of the justification for declining to take action and provide instructions
4on how to appeal the decision in accordance with Subsection C of this Section.
5(4) A controller shall provide information in response to a consumer
6request free of charge, up to twice annually per consumer. If a request from a
7consumer is manifestly unfounded, excessive, or repetitive, the controller may
8charge the consumer a reasonable fee to cover the administrative costs of
9complying with the request or may decline to act on the request. The controller
10bears the burden of demonstrating for purposes of this Subsection that a
11request is manifestly unfounded, excessive, or repetitive.
12(5) If a controller is unable to authenticate the request using
13commercially reasonable efforts, the controller is not required to comply with
14a consumer request submitted pursuant to Subsection A of this Section and may
15request that the consumer provide additional information reasonably necessary
16to authenticate the consumer and the consumer's request.
17(6) A controller that has obtained personal data about a consumer from
18a source other than the consumer is considered in compliance with a consumer's
19request to delete that personal data pursuant to Subparagraph (A)(2)(c) of this
20Section by either of the following:
21(a) Retaining a record of the deletion request and the minimum data
22necessary for the purpose of ensuring the consumer's personal data remains
23deleted from the business's records and not using the retained data for any
24other purpose under this Chapter.
25(b) Opting the consumer out of the processing of that personal data for
26any purpose other than a purpose that is exempt under the provisions of this
27Chapter.
28C.(1) A controller shall establish a process for a consumer to appeal the
29controller's refusal to take action on a request within a reasonable period of
30time after the consumer's receipt of the decisions pursuant to Paragraph (B)(3)
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1of this Section.
2(2) The appeal process shall be conspicuously available and similar to the
3process for initiating action to exercise consumer rights by submitting a request
4pursuant to Subsection A of this Section.
5(3) A controller shall inform the consumer in writing of any action taken
6or not taken in response to an appeal under this Section not later than the
7sixtieth calendar day after the date of receipt of the appeal, including a written
8explanation of the reason or reasons for the decision.
9(4) If the controller denies an appeal, the controller shall provide the
10consumer with the online mechanism described by R.S. 51:1780.5(B)(2) through
11which the consumer may contact the attorney general to submit a complaint.
12D. Any provision of a contract or agreement that waives or limits in any
13way a consumer right described in this Section is contrary to public policy and
14is void and unenforceable.
15E.(1) A controller shall establish two or more secure and reliable
16methods to enable consumers to submit a request to exercise their consumer
17rights under this Chapter. The methods shall take into account all of the
18following:
19(a) The ways in which consumers normally interact with the controller.
20(b) The necessity for secure and reliable communications of those
21requests.
22(c) The ability of the controller to authenticate the identity of the
23consumer making the request.
24(2) A controller may not require a consumer to create a new account to
25exercise the consumer's rights under this Chapter but may require a consumer
26to use an existing account.
27(3) Except as provided by R.S. 51:1780.1(28)(d), if the controller
28maintains a website, the controller shall provide a mechanism on the website for
29consumers to submit requests for information required to be disclosed under
30this Chapter.
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1(4) A controller that operates exclusively online and has a direct
2relationship with a consumer from whom the controller collects personal
3information is only required to provide an email address for the submission of
4requests described by Subparagraph(1)(c) of this Subsection.
5(5) A consumer may designate another person to serve as the consumer's
6authorized agent and act on the consumer's behalf to opt out of the processing
7of the consumer's personal data pursuant to Items (A)(2)(e)(i) and (ii) of this
8Section. A consumer may designate an authorized agent using a technology,
9including a link to a website, an internet browser setting or extension, or a
10global setting on an electronic device, that allows the consumer to indicate the
11consumer's intent to opt out of the processing for targeted advertising, for sale
12of personal data, or both. A controller shall comply with an opt-out request
13received from an authorized agent under this Subsection if the controller is able
14to verify, with commercially reasonable effort, the identity of the consumer and
15the authorized agent's authority to act on the consumer's behalf. A controller
16is not required to comply with an opt-out request received from an authorized
17agent under this Subsection if any one of the following applies:
18(a) The authorized agent does not communicate the request to the
19controller in a clear and unambiguous manner.
20(b) The controller is not able to verify, with commercially reasonable
21effort, that the consumer is a resident of this state.
22(c) The controller does not possess the ability to process the request.
23(d) The controller does not process similar or identical requests the
24controller receives from consumers for the purpose of complying with similar
25or identical laws or regulations of another state.
26(6) The technology described by this Subsection:
27(a) Shall not unfairly disadvantage another controller.
28(b) May not make use of a default setting, but shall require the consumer
29to make an affirmative, freely given, and unambiguous choice to indicate the
30consumer's intent to opt out of any processing of a consumer's personal data.
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1(c) Shall be consumer-friendly and easy to use by the average consumer.
2§1780.4. Duties
3A.(1) A controller:
4(a) Shall limit the collection of personal data to what is adequate,
5relevant, and reasonably necessary in relation to the purposes for which that
6personal data is processed, as disclosed to the consumer.
7(b) For purposes of protecting the confidentiality, integrity, and
8accessibility of personal data, shall establish, implement, and maintain
9reasonable administrative, technical, and physical data security practices that
10are appropriate to the volume and nature of the personal data at issue.
11(2) A controller shall not:
12(a) Except as otherwise provided by this Chapter, process personal data
13for a purpose that is neither reasonably necessary to nor compatible with the
14disclosed purpose for which the personal data is processed, as disclosed to the
15consumer, unless the controller obtains the consumer's consent.
16(b) Process personal data in violation of state and federal laws that
17prohibit unlawful discrimination against consumers.
18(c) Discriminate against a consumer for exercising any of the consumer
19rights contained in this Chapter, including by denying goods or services,
20charging different prices or rates for goods or services, or providing a different
21level of quality of goods or services to the consumer.
22(d) Process the sensitive data of a consumer without obtaining the
23consumer's consent, or, in the case of processing the sensitive data of a known
24child, without processing that data in accordance with the rules, regulations,
25and the exceptions of the Children's Online Privacy Protection Act of 1998, 15
26U.S.C. 6501 et seq.
27(3) This Subsection may not be construed to require a controller to
28provide a product or service that requires the personal data of a consumer that
29the controller does not collect or maintain or to prohibit a controller from
30offering a different price, rate, level, quality, or selection of goods or services to
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1a consumer, including offering goods or services for no fee, if the consumer has
2exercised the consumer's right to opt out pursuant to R.S. 51:1780.3(A) or the
3offer is related to a consumer's voluntary participation in a bona fide loyalty,
4rewards, premium features, discounts, or club card program.
5B.(1) A controller shall provide consumers with a reasonably accessible
6and clear privacy notice that includes all of the following:
7(a) The categories of personal data processed by the controller,
8including, if applicable, any sensitive data processed by the controller.
9(b) The purpose for processing personal data.
10(c) A process on how consumers may exercise their consumer rights
11pursuant to R.S. 51:1780.3, including the process by which a consumer may
12appeal a controller's decision with regard to the consumer's request.
13(d) If applicable, the categories of personal data that the controller sells
14to third parties.
15(e) If applicable, the categories of third parties with whom the controller
16sells personal data.
17(f) A description of the methods required pursuant to R.S. 51:1780.3(E)
18through which consumers can submit requests to exercise their consumer rights
19under this Chapter.
20(2) If a controller engages in the sale of personal data that is sensitive, the
21controller shall post the following notice in the same manner as the privacy
22notice described in Subsection B of this Section:
23"NOTICE: We may sell your sensitive personal data."
24(3) If a controller engages in the sale of personal data that is biometric
25data, the controller shall post the following notice in the same manner as the
26privacy notice described in Subsection B of this Section:
27"NOTICE: We may sell your biometric personal data."
28C. If a controller sells personal data to third parties or processes
29personal data for targeted advertising, the controller shall clearly and
30conspicuously disclose that process and the manner in which a consumer may
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1exercise the right to opt out of that process.
2D.(1) A processor shall adhere to the instructions of a controller and
3shall assist the controller in meeting or complying with the controller's duties
4or requirements under this Chapter, including:
5(a) Taking into account the nature of processing and the information
6available to the processor, by using appropriate technical and organizational
7measures, insofar as this is reasonably practicable, to fulfill the controller's
8obligation to respond to consumer rights requests submitted pursuant to R.S.
951:1780.3(A).
10(b) Taking into account the nature of processing and the information
11available to the processor, by assisting the controller in meeting the controller's
12obligations in relation to the security of processing personal data, and in
13relation to the notification of a breach of security of the processor's system
14pursuant to R.S. 51:3071 et seq.
15(c) Providing necessary information to enable the controller to conduct
16and document data protection assessments under Subsection E of this Section.
17(2) A contract between a controller and a processor shall govern the
18processor's data processing procedures with respect to processing performed
19on behalf of the controller. The contract shall include all of the following:
20(a) Clear instructions for processing data.
21(b) The nature and purpose of processing.
22(c) The type of data subject to processing.
23(d) The duration of processing.
24(e) The rights and obligations of both parties.
25(f) A requirement that the processor shall do all of the following:
26(i) Ensure that each person processing personal data is subject to a duty
27of confidentiality with respect to the data.
28(ii) At the controller's direction, delete or return all personal data to the
29controller as requested after the provision of the service is completed, unless
30retention of the personal data is required by law.
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1(iii) Make available to the controller, on reasonable request, all
2information in the processor's possession necessary to demonstrate the
3processor's compliance with the requirements of this Chapter.
4(iv) Allow, and cooperate with, reasonable assessments by the controller
5or the controller's designated assessor.
6(v) Engage any subcontractor pursuant to a written contract that
7requires the subcontractor to meet the requirements of the processor with
8respect to the personal data.
9(3) Notwithstanding any other provisions of this Chapter, a processor,
10in the alternative, may arrange for a qualified and independent assessor to
11conduct an assessment of the processor's policies and technical and
12organizational measures in support of the requirements under this Chapter
13using an appropriate and accepted control standard or framework and
14assessment procedure. The processor shall provide a report of the assessment
15to the controller on request.
16(4) This Section shall not be construed to relieve a controller or a
17processor from the liabilities imposed on the controller or processor by virtue
18of its role in the processing relationship as described by this Chapter.
19(5) A determination of whether a person is acting as a controller or
20processor with respect to a specific processing of data is a fact-based
21determination that depends on the context in which personal data is to be
22processed. A processor that continues to adhere to a controller's instructions
23with respect to a specific processing of personal data remains in the role of a
24processor.
25E.(1) A controller shall conduct and document a data protection
26assessment of each of the following processing activities involving personal data:
27(a) The processing of personal data for purposes of targeted advertising.
28(b) The sale of personal data.
29(c) The processing of personal data for purposes of profiling, if the
30profiling presents a reasonably foreseeable risk of any of the following:
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1(i) Unfair or deceptive treatment of or unlawful disparate impact on
2consumers.
3(ii) Financial, physical, or reputational injury to consumers.
4(iii) A physical or other intrusion on the solitude or seclusion, or the
5private affairs or concerns, of consumers, if the intrusion would be offensive to
6a reasonable person.
7(iv) Other substantial injury to consumers.
8(d) The processing of sensitive data.
9(e) Any processing activities involving personal data that present a
10heightened risk of harm to consumers.
11(2) A data protection assessment conducted pursuant to Paragraph (1)
12of this Subsection shall do both of the following:
13(a) Identify and weigh the direct or indirect benefits that may flow from
14the processing to the controller, the consumer, other stakeholders, and the
15public, against the potential risks to the rights of the consumer associated with
16that processing, as mitigated by safeguards that can be employed by the
17controller to reduce the risks.
18(b) Factor into the assessment all of the following:
19(i) The use of deidentified data.
20(ii) The reasonable expectations of consumers.
21(iii) The context of the processing.
22(iv) The relationship between the controller and the consumer whose
23personal data will be processed.
24(3) A controller shall make a data protection assessment requested
25pursuant to R.S. 51:1780.5(C)(2) available to the attorney general pursuant to
26a civil investigative demand pursuant to R.S. 51:1780.5(C).
27(4) A data protection assessment is confidential and exempt from public
28inspection and copying pursuant to this Section. Disclosure of a data protection
29assessment in compliance with a request from the attorney general does not
30constitute a waiver of attorney-client privilege or work product protection with
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1respect to the assessment and any information contained in the assessment.
2(5) A single data protection assessment may address a comparable set of
3processing operations that include similar activities.
4(6) A data protection assessment conducted by a controller for the
5purpose of compliance with other laws or regulations may constitute compliance
6with the requirements of this Section if the assessment has a reasonably
7comparable scope and effect.
8(7) Data protection assessments are required for processing activities as
9of January 1, 2027, and are not retroactive.
10F.(1) A controller in possession of deidentified data shall do all of the
11following:
12(a) Take reasonable measures to ensure that the data cannot be
13associated with an individual.
14(b) Publicly commit to maintaining and using deidentified data without
15attempting to reidentify the data.
16(c) Contractually obligate any recipient of the deidentified data to
17comply with the provisions of this Chapter.
18(2) This Chapter shall not be construed to require a controller or
19processor to do any of the following:
20(a) Reidentify deidentified data or pseudonymous data.
21(b) Maintain data in identifiable form or obtain, retain, or access any
22data or technology for the purpose of allowing the controller or processor to
23associate a consumer request with personal data.
24(c) Comply with an authenticated consumer rights request under R.S.
2551:1780.3(A), if the controller is all of the following:
26(i) Is not reasonably capable of associating the request with the personal
27data or it would be unreasonably burdensome for the controller to associate the
28request with the personal data.
29(ii) Does not use the personal data to recognize or respond to the specific
30consumer who is the subject of the personal data or associate the personal data
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1with other personal data about the same specific consumer.
2(iii) Does not sell the personal data to any third party or otherwise
3voluntarily disclose the personal data to any third party other than a processor,
4except as otherwise permitted by this Section.
5G. This Section shall not prevent a controller or processor's ability to
6prevent, detect, protect against or respond to security incidents, identity theft,
7fraud, harassment, malicious or deceptive activity, or illegal activity; preserve
8the integrity or security of systems; or investigate, report, or prosecute those
9responsible for such actions.
10H. This Chapter shall not be construed to limit a controller or
11processor's ability to do any of the following:
12(1) Comply with federal, state, or local laws, rules, or regulations.
13(2) Comply with a civil, criminal, or regulatory inquiry, investigation,
14subpoena, or summons by federal, state, local, or other governmental
15authorities.
16(3) Investigate, establish, exercise, prepare for, or defend legal claims.
17(4) Provide a product or service specifically requested by a consumer or
18the parent or guardian of a child, perform a contract to which the consumer is
19a party, including fulfilling the terms of a written warranty, or taking steps at
20the request of the consumer before entering into a contract.
21(5) Take immediate steps to protect against an interest that is essential
22for the life or physical safety of the consumer or of another individual and in
23which the processing cannot be manifestly based on another legal basis.
24(6) Engage in public or peer-reviewed scientific or statistical research in
25the public interest that adheres to all other applicable ethics and privacy laws
26and is approved, monitored, and governed by an institutional review board or
27similarly independent oversight entity that determines all of the following has
28occurred:
29(a) If the deletion of the information is likely to provide benefits that do
30not exclusively accrue to the controller.
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1(b) Whether the expected benefits of the research outweigh the privacy
2risks.
3(c) If the controller has implemented reasonable safeguards to mitigate
4privacy risks associated with research, including any risks associated with
5reidentification.
6(7) Assist another controller, processor, or third party with any of the
7requirements pursuant to this Subsection.
8(8) Cooperate with law enforcement agencies concerning conduct or
9activity that the controller or processor reasonably and in good faith believes
10may violate federal, state, or local laws, rules, or regulations.
11I. The obligations imposed on controllers or processors pursuant to this
12Chapter shall not restrict a controller's or processor's ability to collect, use, or
13retain data for internal use to do any of the following:
14(1) Conduct internal research to develop, improve, or repair products,
15service, or technology.
16(2) Effectuate a product recall.
17(3) Identify and repair technical errors that impair existing or intended
18functionality.
19(4) Perform internal operations that are reasonably aligned with the
20expectations of the consumer or reasonably anticipated based on the consumer's
21existing relationship with the controller, or are otherwise compatible with
22processing data in furtherance of the provisions of a product or service
23specifically requested by a consumer or the performance of a contract to which
24the consumer is a party.
25J. The obligations imposed on controllers or processors pursuant to this
26Chapter shall not apply where compliance by the controller or processor with
27said Sections would violate an evidentiary privilege pursuant to the laws of this
28state. Nothing in this Chapter shall be construed to prevent a controller or
29processor from providing personal data concerning a consumer to a person
30covered by an evidentiary privilege pursuant to the laws of the state as part of
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1a privileged communication.
2K. Nothing in this Chapter shall be construed to impose any obligation
3on a controller or processor that adversely affects the rights or freedoms of any
4person, including but not limited to the rights of any person to freedom of
5speech or freedom of the press guaranteed in the First Amendment to the
6United States Constitution.
7L.(1) Personal data processed by a controller pursuant to this Section
8may be processed to the extent that such processing is both of the following:
9(a) Reasonably necessary and proportionate to the purposes listed in this
10Section.
11(b) Adequate, relevant, and limited to what is necessary in relation to the
12specific purposes listed in this Section.
13(2) Personal data collected, used, or retained pursuant to Subsection I of
14this Section shall, where applicable, take into account the nature and purpose
15or purposes of such collection, use, or retention. Such data shall be subject to
16reasonable administrative, technical, and physical measures to protect the
17confidentiality, integrity, and accessibility of the personal data and to reduce
18reasonably foreseeable risks of harm to consumers relating to such collection,
19use, or retention of personal data.
20M. If a controller processes personal data pursuant to an exemption in
21this Section, the controller bears the burden of demonstrating that such
22processing qualifies for the exemption and complies with the requirements in
23Subsection L of this Section.
24N. Processing personal data for the purposes expressly identified in
25Subsections G through I of this Section shall not solely make a legal entity a
26controller with respect to such processing.
27O.(1) The consumer rights pursuant to R.S. 51:1780.3(A)(2)(a) through
28(e) and controller duties pursuant to this Section do not apply to pseudonymous
29data in cases in which the controller is able to demonstrate any information
30necessary to identify the consumer is kept separately and is subject to effective
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1technical and organizational controls that prevent the controller from accessing
2the information.
3(2) A controller that discloses pseudonymous data or deidentified data
4shall exercise reasonable oversight to monitor compliance with any contractual
5commitments to which the pseudonymous data or deidentified data is subject
6and shall take appropriate steps to address any breach of the contractual
7commitments.
8P.(1) A person or entity described by R.S. 51:1780.2(A)(3) may not
9engage in the sale of personal data that is sensitive data without receiving prior
10consent from the consumer.
11(2) A person who violates this Section is subject to the penalty under R.S.
1251:1780.5.
13§1780.5. Enforcement
14A. The attorney general shall enforce the provisions of this Chapter.
15B. The attorney general shall post on his website, information relating
16to the responsibilities of a controller and a processor and consumer rights
17pursuant to this Chapter.
18C. Any violation of the provisions of this Chapter shall constitute an
19unfair and deceptive trade practice pursuant to the Unfair Trade Practices and
20Consumer Protection Law, R.S. 51:1401 et seq., excluding private rights of
21action as provided in R.S. 51:1409 and 1409.1. Notwithstanding any other
22provision of law to the contrary, any monies received related to the attorney
23general's enforcement of this Chapter shall be used by the attorney general for
24consumer protection efforts or to promote consumer protection and education.
25D. Beginning January 1, 2027, and ending July 31, 2027, before bringing
26an action pursuant to this Section, the attorney general shall notify a person in
27writing, not later than the thirtieth calendar day before initiating an
28investigation, identifying the specific provisions of this Chapter the attorney
29general alleges is being violated. The attorney general shall not initiate an
30investigation against the person if the person does all of the following:
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1(1) Cures the alleged violation identified by the attorney general within
2the thirty-day period.
3(2) Provides the attorney general with a written statement that the
4person cured the alleged violation.
5(3) Submits supportive documentation to the attorney general to show
6how the privacy violation was cured.
7(4) Changes are made to the internal policy, if necessary, to ensure that
8no such further violations occur.
9Section 2. This Act shall become effective on January 1, 2027.
  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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