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Reuses other publishers' content, in Louisiana

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.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 2,
    • Database Security Breach Notification Law, reasonable security procedures and destruction duty: start date changed
  2. Revision 1, : the entry was first published.

See also

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