Louisiana Privacy laws & HR compliance analysis

Louisiana Privacy: What you need to know

Invasion of privacy. Louisiana recognizes all four common law invasion of privacy claims:
• Intrusion upon solitude or seclusion;
• Public disclosure of private facts (e.g., unreasonable publicity given to one's private life);
• False light privacy (e.g., publicity that normally places the other in a false light before the public); and
• Appropriation of one's name or likeness (Jaubert v. Crowley Post-Signal, Inc., 375 So.2d 1386 (La. 1979)).
Additional information on these common-law rights of privacy is available.
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Louisiana law provides that wire, electronic, or oral communications may not be intercepted, with certain statutory exceptions. For example, the “business extension exception” allows employers to monitor communications that are carried out with certain kinds of equipment in the ordinary course of business. In addition, the law is not violated if a party to the communication gives prior consent (LA Rev. Stat. Sec. 15:1303).
Louisiana law provides protections for employees’ and applicants’ personal Internet accounts (LA Rev. Stat. Sec. 51:1951 et seq.). More specifically, under the Personal Online Account Privacy Protection Act, employers are prohibited from:
• Requesting or requiring employees or applicants to disclose usernames, passwords, or other authentication information that allows access to their personal online accounts; or
• Discharging, disciplining, failing to hire, or otherwise penalizing or threatening to penalize employees or applicants for failure to disclose such information.
Definitions. The law defines a “personal online account” as an online account that the employee or applicant uses exclusively for ...

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