Duty LXD-6019
Publishes adult 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.
Act 440 (HB 142), age verification for material harmful to minorssince 3 lines
La. R.S. 9:2800.29 (Acts 2022, No. 440, enrolled as R.S. 9:2800.28) · Read the law's page
- Applies to commercial entities whose websites contain a substantial portion (more than one third) of material harmful to minors.
- Perform reasonable age verification of Louisiana visitors, confirming they are 18 or older.
- Do not retain any identifying information of the individual after access has been granted to the material; this binds a third party that performs the age verification as well.
Act 892 (SB 42), AI-generated child sexual abuse materialssince 4 lines
La. R.S. 14:81.1(B)(3), (9), as amended by 2026 La. Acts, Act No. 892 (SB 42) · Read the law's page
- Do not produce, promote, advertise, distribute, or possess child sexual abuse materials, or possess them with intent to distribute.
- Child sexual abuse materials include a photograph, film, video, picture, digital image, computer image, or computer-generated image of any sexual performance involving a child under seventeen, whether made or produced by electronic, mechanical, or other means.
- An image or other visual representation created or generated by electronic or digital means, including artificial intelligence, counts as a child under seventeen when, to a reasonable person, it is a virtually indistinguishable depiction of a child under seventeen.
- Producing child sexual abuse materials includes causing them to be digitally generated, including by artificial intelligence.