Law / United States / Louisiana
Database Security Breach Notification Law, reasonable security procedures and destruction duty
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force since 1 January 2006.
A security baseline statutes rule binding public and private bodies.
As of 14 September 2026.
What it requires
- 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.
If you get it wrong
Criminal exposureNo
Private right of actionYes
Statutory damages
No fixed per-person figure: a court awards actual damages, trebled to three times actual damages if the violation was used knowingly after Attorney General notice, plus reasonable attorney fees and costs. The action may be brought only individually, not in a representative or class capacity, and is subject to a one-year liberative prescription running from the transaction or act giving rise to the right of action.
- As of
- 14 September 2026
Who enforces it
Enforcement body
No dedicated regulator is named for this specific duty. A violation is deemed an unfair trade practice under R.S. 51:1405(A) by the chapter's own deeming clause (R.S. 51:3074(J)); the Attorney General holds separate injunctive authority under R.S. 51:1407 and 1408, and a harmed Louisiana resident may bring a private action under R.S. 51:1409, mailing a copy of the petition and any judgment to the Attorney General.
What it reaches
Obligation class
Security
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
Any person that conducts business in Louisiana, or any person or agency that owns or licenses computerized data including personal information, must implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect it from unauthorized access, destruction, use, modification, or disclosure, and must take all reasonable steps to destroy or arrange for the destruction of records containing personal information no longer to be retained.
Because the same chapter's deeming clause, R.S. 51:3074(J), reaches a violation of this safeguards duty exactly as it reaches the chapter's breach-notice duty, and carries no exclusion of R.S. 51:1409, a Louisiana resident harmed by a violation can bring a private action for actual damages, trebled if the violation was knowing after Attorney General notice, plus attorney fees and costs.
When LexLint raises it
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Read the law
official Louisiana Revised Statutes text, Louisiana State Legislature