Law / United States / 
Louisiana
Database Security Breach Notification Law, unfair trade practice deeming
La. R.S. 51:3074(J), 51:1405(A)
In force since .
An enforcement supervision rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not assume Louisiana forecloses a private right of action for a data-privacy violation generally. The comprehensive LDPA does; this separate breach-notification statute does not, because its deeming clause carries no carve-out of R.S. 51:1409.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does 'a violation of a provision of this Chapter' in R.S. 51:3074(J) include a failure to maintain 'reasonable security procedures and practices' under R.S. 51:3074(A), so that a resident can sue under R.S. 51:1409 for an insecure system even where no breach has occurred?
- Does the civil action for 'actual damages resulting from the failure to disclose in a timely manner' in R.S. 51:3075 exist alongside the action under R.S. 51:1409 that R.S. 51:3074(J) opens, or does one displace the other?
What it makes you log
Logging duty
Subsection J treats a violation of the chapter as an unfair act or practice under R.S. 51:1405(A), and the row cites no other provision. It requires no record. The five-year retention of a no-harm determination sits in R.S. 51:3074(I), which this row does not cite.
- Kind
- None
- As of
What this law does
A violation of the Database Security Breach Notification Law is deemed an unfair act or practice under R.S. 51:1405(A), with no carve-out of the Unfair Trade Practices and Consumer Protection Law's own private-action provision. This is the opposite private-right-of-action answer from the LDPA in the same title of the same code: the LDPA expressly excludes R.S. 51:1409 and 1409.1, while this breach statute's deeming clause carries no such exclusion. Subsection (J)'s deeming clause was added by Acts 2018, No. 382, effective .
When LexLint raises it
When your app profile says your app processes personal data.
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