Louisiana Privacy laws & HR compliance analysis

Louisiana Privacy: What you need to know

Constitution. The Louisiana Constitution provides that individuals shall be secure in their person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy, and no warrants may be issued without probable cause (La. Const. art. I, § 5). The right does not apply to private actors, but only governments (Hayes v. Univ. Health Shreveport, LLC, No. 2021-CC-01601 (La. 2022)).
Common law. 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)).
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Social Security numbers (SSNs). Public employees' SSNs in their personnel records must be kept confidential (La. Rev. Stat. § 44:11). Also, school boards cannot use the SSN of a teacher or school employee as a means of identification (La. Rev. Stat. § 17:440).
Personal information. A business or agency that owns or licenses computerized data that include 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.
Disposal of records. When disposing of records that contain personal information, all reasonable steps must be taken to destroy the records by shredding, erasing, or otherwise modifying the personal information to make it unreadable or undecipherable ...

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