Duty LXD-5337
Generates text with AI, in Louisiana
Each law's tag says when it binds: since in force proposed proposed
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.
Act 250 (HB 178), attorney duty to verify and disclose AI-generated evidencesince 2 lines
La. Code Civ. Proc. art. 371 · Read the law's page
- As an attorney appearing in a Louisiana court, exercise reasonable diligence to verify the authenticity of evidence, including evidence that may be artificially generated or altered, before offering it to the court.
- If you knew or should have known through reasonable diligence that evidence is false or artificially manipulated, disclose that fact before offering it; offering it without disclosure is a violation of Article 371.
Act 806 (HB 459), AI-manipulated electioneering communication disclosuresince 2 lines
La. R.S. 18:1463(F) to (I) · Read the law's page
- Before distributing an electioneering communication that portrays a candidate or an elected official subject to recall and that was created, altered, or digitally manipulated using artificial intelligence in a way that would falsely appear to be an authentic record of that person's actual speech or conduct, give a clear and understandable disclosure that artificial intelligence was used.
- A media entity that broadcasts a paid political communication it had no input into or control over is not liable under this Section.
AI Transcription Disclosure by Healthcare Professionals (Act 649, HB 475)since 1 line
La. R.S. 37:22.1, enacted by 2026 La. Acts No. 649 (H.B. 475, 2026 Regular Session)
- If you are a healthcare professional licensed in Louisiana, verbally disclose your use of any recording device, software, or service to a patient before recording any part of an appointment or treatment that artificial intelligence will transcribe.
Mental Health Chatbot Regulation — SB 5proposed3 lines
La. S.B. 5, 2026 Regular Session
- This measure is proposed and binds nobody yet; what follows is what it would require if it is enacted in this form.
- If you operate a mental health chatbot, clearly disclose that the chatbot is artificial intelligence and not a human at first access, at the start of any interaction that follows a seven-day absence, and whenever a user asks.
- If you operate a mental health chatbot, maintain protocols for handling a user's disclosure of self-harm.