Duty LXD-0218
Crawls the web, in Louisiana
Louisiana Computer Tampering, unauthorized access and exceeding authorizationsince 3 lines
La. R.S. 14:73.7 · Read the law's page
- Do not access, or cause to be accessed, a Louisiana-connected computer, computer system, or computer network without the authorization of its owner, including access that intentionally exceeds the scope of authorization you were given.
- If a computer's owner has issued a confidential or proprietary access code, do not use a code issued to someone else; doing so creates a rebuttable presumption that your access was unauthorized or exceeded authorization.
- Copying or otherwise obtaining a program or data without the owner's authorization is itself a violation, separate from damaging or destroying anything; a more severe penalty tier applies where the conduct damages, destroys, or is intended to disrupt vital state, local, or utility services.
Database Security Breach Notification Law, reasonable security procedures and destruction dutysince 5 lines
La. R.S. 51:3074(A), (B) · Read the law's page
- This binds any person conducting business in Louisiana, or any person or state or local agency, that owns or licenses computerized data including personal information; unlike the Louisiana Data Privacy Act, it carries no revenue, volume, or sale-percentage threshold.
- Implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect personal information from unauthorized access, destruction, use, modification, or disclosure.
- Take all reasonable steps to destroy or arrange for the destruction of records containing personal information no longer to be retained, by shredding, erasing, or otherwise modifying the information to make it unreadable or undecipherable.
- Expect a violation of either duty to be enforceable as an unfair trade practice, by the Attorney General for injunctive relief and, because R.S. 51:3074(J)'s deeming clause carries no exclusion of R.S. 51:1409, by a private action from a harmed Louisiana resident for actual damages, trebled if the violation was knowing after Attorney General notice, plus attorney fees and costs.
- Do not conflate this pre-existing safeguards duty with the Louisiana Data Privacy Act's own controller security-of-processing duty at R.S. 51:1780.4(A)(1)(b), a separate, later-enacted comprehensive-regime clause documented under this jurisdiction's privacy topic rather than here.