Law / United States / 
Louisiana
Louisiana Data Privacy Act (Act No. 502), Attorney General enforcement
An enforcement supervision rule binding private bodies.
- Private right of action
- No
- How the hook was established
- express
- What makes it apply
- Operator establishment, Data subject residence
- Audit expectation
- none
What it requires
- Expect an LDPA violation to be enforced exclusively by the Louisiana Attorney General; the Act forecloses a private right of action by name.
- Between January 1 and , use the 30-day Attorney General notice-and-cure period to correct a violation and confirm the cure in writing before an investigation can proceed.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Where one security failure violates both the security-practices duty in R.S. 51:1780.4(A)(1)(b) and R.S. 51:3074(A), does the exclusion of R.S. 51:1409 in R.S. 51:1780.5(C) limit a private action under R.S. 51:3074(J)?
- What counts as 'cures the alleged violation' in R.S. 51:1780.5(D)(1) for a violation that cannot be reversed, such as a completed sale of sensitive data without consent?
What it makes you log
Logging duty
The enforcement section makes the Attorney General the enforcer, requires the Attorney General to post information on the website, treats a violation as an unfair and deceptive trade practice and sets a cure procedure for January 1 to . It requires no record and sets no audit. The civil investigative demand that R.S. 51:1780.4(E)(3) refers to under 51:1780.5(C) does not appear in the text of this section as enacted. 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 Louisiana Attorney General has exclusive authority to enforce the LDPA. A violation constitutes an unfair and deceptive trade practice under the Unfair Trade Practices and Consumer Protection Law (UTPCPL), R.S. 51:1401 et seq., but the Act expressly excludes the UTPCPL's own private-action provisions, R.S. 51:1409 and 1409.1, foreclosing a private right of action under the LDPA.
From January 1 to , before bringing an action the Attorney General must give a person 30 days' written notice identifying the specific provisions violated, and may not initiate an investigation if the person cures the violation and confirms the cure in writing within that period.
When LexLint raises it
When your app profile says your app processes personal data.
Back to the example · Lint your app
Page updated .