Law / United States / 
Louisiana
Louisiana Data Privacy Act (Act No. 502), consumer rights
A data subject rights rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Data subject residence
- Audit expectation
- none
What it requires
- Give a Louisiana consumer a means to confirm whether you process their personal data, access it, correct it, delete it, and receive a portable copy, once the LDPA takes effect .NIST Privacy FrameworkCT.PO-P3
- Offer a Louisiana consumer an opt-out of targeted advertising, the sale of personal data, and profiling that produces a legal or similarly significant effect.NIST Privacy FrameworkCT.PO-P3
- Respond to a consumer rights request without undue delay and no later than 45 days after receipt, with one 45-day extension available, and respond to an appeal of a refusal within 60 days.NIST Privacy FrameworkCT.PO-P3NIST Privacy FrameworkGV.MT-P7
- Do not include a contract term waiving or limiting a Louisiana consumer's LDPA rights; such a term is void and unenforceable.NIST Privacy FrameworkCT.PO-P3
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- GV.MT-P7Policies, processes, and procedures for receiving, tracking, and responding to complaints, concerns, and questions from individuals about organizational privacy practices are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Does the opt-out right for 'profiling in furtherance of a decision that produces a legal or similarly significant effect' in R.S. 51:1780.3(A)(2)(e)(iii) apply where a person reviews the output, given that R.S. 51:1780.1(24) defines profiling as 'solely automated processing'?
- Does the right to delete personal data 'provided by or obtained about the consumer' in R.S. 51:1780.3(A)(2)(c) reach data that a controller inferred or derived from the consumer's activity?
- Does 'up to twice annually per consumer' in R.S. 51:1780.3(B)(4) allow two free responses in total or two for each right a consumer exercises?
What it makes you log
Logging duty
The consumer-rights section requires a controller to answer a request within forty-five days, to give the consumer the justification for declining it, to run an appeal process and to explain an appeal decision in writing. Those are responses to the consumer, not a record the controller keeps. Keeping a record of a deletion request is one of two routes to deemed compliance for data obtained from another source (51:1780.3(B)(6)), an option and not a duty, and the controller's burden of showing a request is manifestly unfounded or excessive allocates proof and does not require a record. The reach of the whole Act is coded: it applies to a person that does business in the state, and its consumer is a resident.
- Kind
- None
- As of
What this law does
The LDPA gives a Louisiana consumer the right to confirm and access their personal data, correct inaccuracies, delete data, obtain a portable copy, and opt out of targeted advertising, sale of personal data, and profiling producing a legal or similarly significant effect.
A controller must respond without undue delay and no later than 45 days after receipt, with one additional 45-day extension available if the controller notifies the consumer of the extension and its reason within the initial period. An appeal of a denial must be answered within 60 days, and a denial must include an online mechanism to reach the Attorney General. Any contract provision waiving or limiting a consumer's rights under this section is void and unenforceable as against public policy.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions or processes personal data.
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