Louisiana Privacy Laws
In May 2026, Louisiana enacted the Louisiana Data Privacy Act, a comprehensive consumer privacy law that takes effect in 2027. Together with Louisiana’s data breach notification law and other state and federal privacy protections, the LDPA gives covered Louisiana consumers more control over certain personal data, including rights to access, correct, delete, and opt out of certain uses of their information.
- July 2, 2026
- Key Takeaways
- In Wisconsin, there is no comprehensive data protection law like those of California, Illinois, Oregon, and several other states. However, certain Wisconsin state statutes and federal regulations combine to give consumers basic protections.
- Wisconsin data breach notification laws require businesses and government entities that experience data breaches to notify consumers within 45 days, unless the breach poses no real threat of fraud or identity theft.
- Protected personal information in Wisconsin includes names, government-issued identification numbers, financial account information, biometric data, and other sensitive details.
- Victims of data breaches in Wisconsin have the right to seek compensation, sometimes via a class-action lawsuit.
Louisiana Data Privacy Laws: An Overview
Louisiana recognizes a constitutional right to privacy, and state laws provide specific protections for certain types of personal information. These protections include laws addressing student records, data breach notifications, and consumer personal data covered by the Louisiana Data Privacy Act. Depending on the law involved, protected information may include details that can identify, contact, or locate a person, such as names, identification numbers, biometric records, and information related to health, education, finances, or employment. Louisiana also provides additional data protections for minors in certain settings, including limits on how schools and government entities may collect, use, or share student information without proper parental or guardian consent.
The Louisiana Data Privacy Act
In May 2026, the Louisiana Governor signed Senate Bill 386, also known as the Louisiana Data Privacy Act (LDPA), a comprehensive privacy law that will take effect on January 1, 2027. The act is considered a major win for consumer data transparency, as it provides consumers with additional protections and the right to access, correct, or delete their collected data.
Under the LDPA, personal data is any information that is linked or linkable to an identifiable individual, excluding publicly available information. Sensitive data is information about race, ethnicity, religion, health conditions, sexuality, citizenship status, genetic or biometric data, precise geolocation data, or data from a known child.
The law applies to entities doing business in Louisiana that have gross annual revenue of at least $25 million, annually handle the personal information of at least 75,000 consumers, or derive at least 50% of their annual revenue from selling customers’ personal data. Some entities, such as state agencies, financial institutions, nonprofits, universities, and utility companies, are exempt.
The Louisiana Database Security Breach Notification Law
Louisiana’s Database Security Breach Notification Law requires entities that own or license computerized data containing Louisiana residents’ personal information to notify affected residents when that information is reasonably believed to have been acquired by an unauthorized person. Notice to affected residents must be provided without unreasonable delay and no later than 60 days after discovery of the breach, subject to limited exceptions. The Louisiana Attorney General must also be notified of a data breach, with separate timing requirements that generally run from when notice is provided to affected residents. Notice may be provided in writing, electronically, or through substitute notice when the cost of written notice would exceed $100,000 or the affected class exceeds 100,000 people.
Any person or agency that owns or licenses computerized data, including the personal information of Louisiana residents, must notify affected individuals if their information was reasonably believed to have been acquired or accessed by an unauthorized person.
Federal Data Privacy Laws that Protect Louisiana Residents
Though there is no wide-reaching, comprehensive federal data privacy law, several key federal laws still influence data protection in specific industries in Louisiana. These laws include:
- The Gramm-Leach-Bliley Act (GLBA): The GLBA is a 1999 federal law that requires financial institutions to protect consumers’ sensitive financial data securely and to clearly explain their information-sharing practices.
- The Health Insurance Portability and Accountability Act (HIPAA): HIPAA is a federal law passed in the United States designed to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge
- Children’s Online Privacy Protection Act (COPPA): Under COPPA, websites, apps, and online services directed at children must clearly post privacy policies and obtain verifiable parental consent before collecting or using any child under 13’s data.
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Consumer Rights Under Louisiana Data Privacy Laws
Access to Personal Data
The Louisiana Data Privacy Act protects consumers’ ability to request information about the data collected about them.
Correcting or Deleting Data
Protection Against Unauthorized Disclosure
How Consumers Can Protect Their Rights
Review Privacy Policies Regularly
Once the LDPA goes into effect in 2027, Louisiana consumers will be able to opt out of data collection and processing by many businesses. It’s important to stay informed about how your data is collected and used, and to exercise your right to opt out when you feel it’s necessary.
Monitor Accounts and Activity
Seek Legal Guidance
In Louisiana, victims of data breaches may have multiple options for taking legal action and recovering compensation for their losses, depending on the nature of their claim. You may be eligible to file an individual lawsuit, join or start a class action lawsuit, or file a demand in a mass arbitration action. If you believe a corporation has mishandled your data in Louisiana, contact Class Action U today to see if you qualify for a legal claim.
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