Law note · Louisiana
Database Security Breach Notification Law, unfair trade practice deeming
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.
The specific amendment that added subsection (J)'s deeming clause was not independently dated this pass, so no effective_date is recorded for this instrument beyond the statute's current codified text.
What it asks of an app
- 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.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: official Louisiana Revised Statutes text, Louisiana State Legislature