(c) Agreement obtained through the use of dark patterns.

(7)"Consumer"meansanindividualwhoisaresidentofthisstateacting Page 2 of 26 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED only in an individual or household context.

The term does not include an individual acting in a commercial or employment context.

(8) "Controller" means an individual or other person that, alone or jointly with others, determines the purpose and means of processing personal data.

(9)"Coveredentity"hasthemeaningassignedtothetermbytheHealth Insurance Portability and Accountability Act of 1996, 42 U.S.C.

1320d et seq.

(10) "Dark pattern" means a user interface designed or manipulated with the effect of substantially subverting or impairing user autonomy, decision-making, or choice, and includes any practice the Federal Trade Commission refers to as a dark pattern.

(11) "Decision that produces a legal or similarly significant effect concerning a consumer" means a decision made by the controller that results in the provision or denial by the controller of any of the following:

(a) Financial and lending services.

(b) Housing, insurance, or healthcare services.

(c) Education enrollment.

(d) Employment opportunities.

(e) Criminal justice.

(f) Access to basic necessities, such as food and water.

(12) "Deidentified data" means data that cannot reasonably be used to infer information about, or otherwise be linked to an identified or identifiable individual, or a device linked to that individual, if the controller or processor that possesses such data does all of the following:

(b) Publicly commits to processprocesssuch such data only in aadeidentified deidentified fashion and attempt to reidentify such data.

(c) Contractually obligates any recipients of such data to satisfy the criteria set forth in Subparagraphs (a) and (b) of this Paragraph.Paragraph." AMENDMENT NO.

Page18 3On ofpage 264, Coding:line 2, change "1996 (42 U.S.C.

Words1320d" whichto are"1996, struck42 throughU.S.C. are deletions from existing law;

words1320d inet boldfaceseq." typeAMENDMENT andNO. underscored are additions.

SB19 On page 4, delete line 3 AMENDMENT NO.

38620 ENROLLEDOn (13)"Healthcareprovider"page has5, themeaningassignedtothetermbydelete thelines Health8 Insurance Portability and Accountability9 ActAMENDMENT ofNO. 1996, 42 U.S.C.

1320d21 etOn seq.page 5, line 10, delete "data to an identified or identifiable individual." AMENDMENT NO.

(14)22 "HealthOn record"page means5, anyline written,15, printed,change or"influence:" electronicallyto recorded"influence materialeither maintained by a healthcare provider in the course of providing healthcareservicestoan individual that concernstheindividual and the servicesfollowing:" provided.AMENDMENT NO.

The23 termOn includespage either5, oneline of19, thechange following"appointed; items:

(a)or" The substance of any communication made by an individual to a"appointed." healthcareproviderinconfidenceduringorinconnectionwiththeprovisionofAMENDMENT healthcareNO. services.

(b)Informationotherwiseacquiredbythehealthcareprovideraboutan24 individualOn inconfidenceandinconnectionwithhealthcareservicesprovidedtopage 5, between lines 21 and 22, insert the individual.following:

(15)"(c) "IdentifiedTheoutcomeofanyballotmeasure,referendum,initiative,orrecall orelection identifiableat individual"the meansfederal, astate, consumer who can be readily identified, directly or indirectly.local level.

(16)Page "Institution2 of higher10 education"CODING: means either one of thefollowing items:

(a)Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored Anare institutionadditions. of higher education as defined by law.

(b)HCASB386 A4463 private5362 (d) Any political, legislative, or independentpublic institutionpolicy ofmatter, higherincluding educationpublic asopinion definedrelating bythereto." law.AMENDMENT NO.

(17)25 "KnownOn child"page means6, aline child11, underchange circumstances"1996 where(42" ato controller"1996, has42 actualU.S.C. knowledge of, or willfully disregards, the child's age.

(18)1320d "Nonprofitet organization"seq." meansAMENDMENT anyNO. of the following:

(a)26 AOn corporationpage organized6, underdelete theline provisions of Chapter 2 of Title 12 ofAMENDMENT theNO. Louisiana Revised Statutes of 1950, to the extent applicable to nonprofit corporations.

(b)27 AnOn organizationpage exempt6, fromline federal24, taxationdelete under"sharing, Sectiondisclosing, 501(a)or" ofAMENDMENT theNO. InternalRevenueCodeof 1986,as amended by being listed as an exempt organizationunderSections501(c)(3),501(c)(6),501(c)(12),or501(c)(19)ofthat Code.

Page28 4On ofpage 266, Coding:line 25, change "transferring" to "exchange" AMENDMENT NO.

Words29 whichOn arepage struck7, throughdelete arelines deletions7 fromand existing8 law;and insert in lieu thereof the following:

words"(e) inThe boldfacedisclosure typeof andpersonal underscoreddata aredirected additions.by a consumer or made when the consumer uses the controller to interact with a third party.

SB(f) The disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, or similar activity, or a proposed merger, acquisition, or similar activity." AMENDMENT NO.

38630 ENROLLEDOn (c)page A7, politicalline organization.23, after "obtained" and before "from" insert "or inferred" AMENDMENT NO.

(d)31 AnOn organizationpage that8, isline exempt21, fromchange federal"§1777. taxation under Section 501(a) of the Internal Revenue Code of 1986, as amended by being listed as an exempt organization under Section 501(c)(4) of that Code.

(19)Applicability "Personaland data"preemption" means any information, including sensitive data, that is linked or reasonably linkable to an"§1780.2. identified or identifiable individual.

The term does not include deidentified data or publicly available information.

(20) "Political organization" means a party, committee, association, fund, or other organization, regardless of whether incorporated, that is organizedand operatedprimarilyforthepurpose of influencing orattempting to influence either of the following:

(a) The selection, nomination, election, or appointment of an individual to a federal, state, or local public office or an office in a political organization, regardless of whether the individual is selected, nominated, elected, or appointed.

(b) The election of a presidential/vice-presidential elector, regardless of whether the elector is selected, nominated, elected, or appointed.

(c) The outcome of any ballot measure, referendum, initiative, or recall election at the federal, state, or local level.

(d) Any political, legislative, or public policy matter, including public opinion relating thereto.

(21) "Precise geolocation data" means information derived from technology, including global positioning system level latitude and longitude coordinatesorothermechanisms,thatdirectlyidentifiesthespecificlocationof anindividualwithprecisionandaccuracywithinaradiusofonethousandseven hundredfiftyfeet.Thetermdoesnotincludethecontentofcommunications,or any data generated by or connected to an advanced utility metering infrastructure system or to equipment for use by a utility.

(22) "Process" or "processing" means an operation or set of operations performed,whetherbymanualorautomatedmeans,onpersonaldataoronsets Page 5 of 26 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data.

(23)"Processor"means aperson thatprocessespersonal dataonbehalf of a controller.

(24) "Profiling" means any form of solely automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

(25) "Protected health information" has the meaning assigned to the term by the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.

1320d et seq.

(26) "Pseudonymous data" means any information that cannot be attributed to a specific individual without the use of additional information, provided that the additional information is kept separately and is subject to appropriate technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable individual.

(27)"Publiclyavailableinformation"meansinformationthatislawfully madeavailablethroughgovernmentrecords,orinformationthatabusinesshas a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by a consumer, or by a person to whom a consumerhasdisclosedtheinformation,unlesstheconsumerhasrestrictedthe information to a specific audience.

(28) "Sale of personal data" means the exchange of personal data for monetaryorothervaluableconsiderationbythecontrollertoathirdparty.The term does not include any of the following:

(a) The disclosure of personal data to a processor that processes the personal data on the controller's behalf.

(b) The disclosure of personal data to a third party for purposes of providing a product or service requested by the consumer.

(c) The disclosure or transfer of personal data to an affiliate of the Page 6 of 26 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED controller.

(d) The disclosure of information that the consumer intentionally made available to the general public through a mass media channel and did not restrict to a specific audience.

(e)Thedisclosureofpersonaldatadirectedbyaconsumerormadewhen the consumer uses the controller to interact with a third party.

(f)Thedisclosureortransferofpersonaldatatoathirdpartyasanasset that is part of a merger, acquisition, or similar activity, or a proposed merger, acquisition, or similar activity.

(29) "Sensitive data" means a category of personal data.

The term includes any of the following:

(a) Personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexuality, or citizenship or immigration status.

(b) Genetic or biometric data that is processed for the purpose of uniquely identifying an individual.

(c) Personal data collected from a known child.

(d) Precise geolocation data.

(30) "State agency" means a department, commission, board, office, council, authority, or other agency in any branch of state government that is created by the constitution or a statute of this state, including a university system or institution of higher education as defined by law.

(31) "Targeted advertising" means displaying to a consumer an advertisementthatisselectedbasedonpersonaldataobtainedorinferredfrom thatconsumer's activities over time and across nonaffiliated websitesoronline applications to predict the consumer's preferences or interests.

The term does not include an advertisement that is:

(a) Based on activities within a controller's own websites or online applications.

(b) Based on the context of a consumer's current search query, visit to Page 7 of 26 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED a website, or online application.

(c) Directed to a consumer in response to the consumer's request for information or feedback.

(d) The processing of personal data solely for measuring or reporting advertising performance, reach, or frequency.

(32) "Third party" means a person, other than the consumer, the controller, the processor, or an affiliate of the controller or processor.

(33)"Tradesecret"meansallformsandtypesofinformation,including business, scientific, technical, economic, or engineering information, and any formula, design, prototype, pattern, plan, compilation, program device, program, code, device, method, technique, process, procedure, financial data, or list of actual or potential customers or suppliers, whether tangible or intangible and whether or how stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if:

(a) The owner of the trade secret has taken reasonable measures under the circumstances to keep the information secret.

(b) The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.

§1780.2.

preemptionpreemption" A.AMENDMENT NO.

The32 provisionsOn ofpage this9, Chapterdelete shalllines apply5 onlyand to6 aand personinsert or entity that does business in thelieu statethereof and that satisfies one or more of the followingfollowing: thresholds:

(1)"(2) HasA annualfinancial grossinstitution revenuesand inits excessaffiliates ofor twenty-fivedata millionsubject dollars.to Title V, Gramm-Leach-Bliley Act, 15 U.S.C.

(2)Annuallybuys,receivesforthebusiness'scommercialpurposes,sells,6801 oret sharesseq., forand commercial purposes the personalrules informationand ofimplementing seventy-fiveregulations thousandpromulgated orthereunder." moreAMENDMENT consumers,NO. households, or devices.

(3)33 DerivesOn fiftypage percent9, orline more10, of"1996 its(42 annualU.S.C. revenues from selling consumers' personal information.

Page" 8to of"1996, 2642 Coding:U.S.C.

Words1320d whichet areseq." struckAMENDMENT throughNO. are deletions from existing law;

words34 inOn boldfacepage type9, anddelete underscoredline are11 additions.AMENDMENT NO.

SB35 NO.On page 9, line 17, change "1996 (42 U.S.C.

3861320d ENROLLEDet B.seq.)." to "1996, 42 U.S.C.

The1320d provisionset ofseq." thisPage Chapter3 do not apply to any of the10 followingCODING: items:

(1)Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored Aare stateadditions. agency or a political subdivision of this state.

(2)HCASB386 A4463 financial5362 institutionAMENDMENT andNO. its affiliates or data subject to Title V, Gramm-Leach-Bliley Act, 15 U.S.C.

680136 etOn seq.,page and9, theline rules25, andchange implementing"Use regulations(ICH)" promulgatedto thereunder."Use, otherwise known as ICH," AMENDMENT NO.

(3)37 AOn coveredpage entity10, orline business2, associatechange governed"1986 by(42 the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, 45 CFR Parts 160 and 164, established under the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.

1320d11101 et seq.seq.)." to "1986, 42 U.S.C.

(4)11101 Aet nonprofitseq." organization.AMENDMENT NO.

(5)38 AnOnpage10,line4,change"2005(42U.S.C.299b-21etseq.)."to"2005,42U.S.C.299b-21 institutionet ofseq." higherAMENDMENT education.NO.

(6)39 AnOn electricpage public10, utilityline as8, definedchange in"1996 R.S.(42 U.S.C.

45:121.1320d et seq.)." to "1996, 42 U.S.C.

(7)Aperson,association,partnership,orcorporationregisteredwiththe1320d secretaryofstateasaconductorofpublicopinionpollspursuanttoR.S.14:325.et seq." AMENDMENT NO.

C.40 On page 10, line 13, change "1996 (42 U.S.C.

The1320d followinget informationseq.)" isto exempt"1996, from42 thisU.S.C. Chapter:

(1)ProtectedhealthinformationundertheHealthInsurancePortability1320d andet Accountabilityseq.," ActAMENDMENT ofNO. 1996, 42 U.S.C.

1320d41 etOn seq.page 10, line 20, change "1996 (42 U.S.C.

(2)1320d Healthet records.seq.)." to "1996, 42 U.S.C.

(3)1320d Patientet identifyingseq." informationAMENDMENT forNO. purposes of 42 U.S.C.

290dd-2.42 Onpage10,line27,change"Act(15U.S.C.1681etseq.)."to"Act,15U.S.C.1681etseq." AMENDMENT NO.

(4)43 IdentifiableOn privatepage information:10, line 29, change "1994 (18 U.S.C.

(a)2721 Foret purposesseq.)." ofto the"1994, federal18 policyU.S.C. for the protection of human subjects under 45 CFR Part 46.

(b)Collectedaspartofhumansubjectsresearchunderthegood2721 clinicalet practiceseq." guidelinesAMENDMENT issuedNO. by The International Council for Harmonisation of TechnicalRequirementsforPharmaceuticalsforHumanUse,otherwiseknown as ICH, or of the protection of human subjects under 21 CFR Parts 50 and 56.

(c)44 ThatOn ispage personal11, dataline used2, orchange shared"1974 in(20 researchU.S.C. conducted in accordance with the requirements set forth in this Chapter or other research Page 9 of 26 Coding:

Words1232g)." whichto are"1974, struck20 throughU.S.C. are deletions from existing law;

words1232g." inAMENDMENT boldfaceNO. type and underscored are additions.

SB45 NO.On page 11, line 4, change "1971 (12 U.S.C.

3862001 ENROLLEDet conductedseq.)." into accordance"1971, with12 applicableU.S.C. law.

(5)Information2001 andet documentscreatedforpurposesseq." ofAMENDMENT theHealthCareNO. Quality Improvement Act of 1986, 42 U.S.C.

1110146 etOn seq.page 11, line 14, change "51:1776(15)" to "51:1780.1(15)" AMENDMENT NO.

(6)47 PatientOn safetypage work11, productat forthe purposesend of theline Patient20, Safetyinsert anda Qualitycomma Improvement"," ActAMENDMENT ofNO. 2005, 42 U.S.C.

299b-2148 etOn seq.page 11, line 21, change "(15 U.S.C.

(7)Information6501 derivedet fromanyseq.)" ofto thehealthcare-relatedinformation"15 listedinthisSectionthatisdeidentifiedinaccordancewiththerequirementsfor deidentificationundertheHealthInsurancePortabilityandAccountabilityAct of 1996, 42 U.S.C.

1320d6501 et seq.seq., and its rules, regulations, and exemptions" Page 4 of 10 CODING:

(8)Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored Informationare originatingadditions. from, and intermingled to be indistinguishable with, or information treated in the same manner as, information exempt under this Section that is maintained by a covered entity or business associate as defined by the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C.

1320dHCASB386 et4463 seq.,5362 orAMENDMENT byNO. a program or a qualified service organization as defined by 42 U.S.C.

290dd-2.49 Onpage11,line24,change"§1778.Consumerrights,requests,andappeals"to"§1780.3.

(9) Information that is included in a limited data set as described by 45 CFR 164.514(e), to the extent that the information is used, disclosed, and maintained in the manner specified by 45 CFR 164.514(e).

(10) Information collected or used only for public health activities and purposesasauthorizedbytheHealthInsurancePortabilityandAccountability Act of 1996, 42 U.S.C.

1320d et seq.

(11)Thecollection,maintenance,disclosure,sale,communication,oruse of any personal information bearing on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics,or mode of living by a consumer reporting agency or furnisher that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that the activity is regulated by and authorized under the Fair Credit Reporting Act, 15 U.S.C.

1681 et seq.

(12) Personal data collected, processed, sold, or disclosed in compliance with the Driver's Privacy Protection Act of 1994, 18 U.S.C.

2721 et seq.

Page 10 of 26 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED (13) Personal data regulated by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.

1232g.

(14) Personal data collected, processed, sold, or disclosed in compliance with the Farm Credit Act of 1971, 12 U.S.C.

2001 et seq.

(15) Data processed or maintained in the course of an individual applyingto,beingemployedby,oractingasanagentorindependentcontractor of a controller, processor, or third party, to the extent that the data is collected and used within the context of that role.

(16)Dataprocessedormaintainedastheemergencycontactinformation of an individual under this Chapter that is used for emergency contact purposes.

(17) Data that is processed or maintained and is necessary to retain to administer benefits for another individual that relates to an individual described by R.S.

51:1780.1(15) and used for the purposes of administering those benefits.

D.

The provisions of this Chapter shall not apply to the processing of personal data by a person in the course of a purely personal or household activity.

E.

A controller or processor that complies with the verifiable parental consent requirements of the Children's Online Privacy Protection Act of 1998, 15 U.S.C.

6501 et seq., and its rules, regulations, and exemptions with respect todata collectedonline is consideredtobein compliance with any requirement to obtain parental consent under this Chapter.

§1780.3.

appealsappeals" A.(1)AMENDMENT ANO. consumer is entitled to exercise the consumer rights authorized bythisSectionatanytimebysubmittingarequesttoacontrollerspecifyingthe consumerrightstheconsumerwishestoexercise.Withrespecttotheprocessing of personal data belonging to a known child, a parent or legal guardian of the child may exercise the consumer rights on behalf of the child.

(2)Acontrollershallcomplywithanauthenticatedconsumerrequestto50 PageOn 11page of12, 26delete Coding:lines 14 through 17 and insert in lieu thereof the following:

Words"(e) whichOpt areout struckof throughthe areprocessing deletionsof fromthe existingpersonal law;data for purposes of:

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED exercise the right to do any of the following:

(a) Confirm whether a controller is processing the consumer's personal data and to access the personal data.

(b) Correct inaccuracies in the consumer's personal data, taking into account the nature of the personal data and the purposes of the processing of the consumer's personal data.

(c) Delete personal data provided by or obtained about the consumer.

(d) If the data is available in a digital format, obtain a copy of the consumer's personal data that the consumer previously provided to the controller in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance.

(e) Opt out of the processing of the personal data for purposes of:

(3) Nothing in this Section shall require the controller to reveal a trade secret.secret." AMENDMENT NO.

B.(1)51 ExceptOn aspage otherwise12, provideddelete byline this20 Chapter,and ainsert controllerin shalllieu complythereof with a request submitted by a consumer to exercise the consumer'sfollowing: rights pursuant to Paragraph (A)(1) of this Section.

(2)"rights Apursuant controller shall respond to theParagraph consumer(A)(1) requestof withoutthis undueSection." delay,AMENDMENT whichNO. may not belaterthan theforty-fifth calendarday afterthedateof receipt of the request.

The52 controllerOn maypage extend13, theline response3, periodchange once"R.S. by anadditionalforty-fivedayswhenreasonablynecessary,takingintoaccountthe complexity and number of the consumer's requests, so long as the controller informstheconsumeroftheextensionwithin theinitial forty-fiveday response period, together with the reason for the extension.

(3)51:1778(C)" If a controller declines to take"Subsection actionC regardingof thethis consumer'sSection" PageAMENDMENT 12NO. of 26 Coding:

Words53 whichOnpage13,line13,change"underR.S.51:1778(A)"to"pursuanttoSubsectionAofthis areSection" struckAMENDMENT throughNO. are deletions from existing law;

words54 inOn boldfacepage type13, andline underscored18, arechange additions."R.S.

SB51:1778(A)(2)(c) by:" to "Subparagraph (A)(2)(c) of this Section by either of the following:" AMENDMENT NO.

38655 ENROLLEDOn request,page the13, controllerline shall28, informchange the"under consumerR.S. without undue delay, which maynotbelaterthantheforty-fifthcalendardayafterthedateofreceiptofthe request,ofthejustificationfordecliningtotakeactionandprovideinstructions on how to appeal the decision in accordance with Subsection C of this Section.

(4)51:1778(B)(3)." Ato controller"pursuant shall provide information in response to aParagraph consumer(B)(3) request free of charge,this upSection." toAMENDMENT twiceNO. annually per consumer.

If56 aOn requestpage from13, aline consumer29, ischange manifestly"must" unfounded, excessive, or repetitive, the controller may charge the consumer a reasonable fee to cover"shall" theAMENDMENT administrativeNO. costs of complying with therequestormaydecline to act on therequest.Thecontroller bears the burden of demonstrating for purposes of this Subsection that a request is manifestly unfounded, excessive, or repetitive.

(5)57 IfOnpage14,line2,change"underR.S.51:1778(A)."to"pursuanttoSubsectionAofthis aSection." controllerAMENDMENT isNO. unable to authenticate the request using commercially reasonable efforts, the controller is not required to comply with aconsumerrequestsubmittedpursuanttoSubsectionAofthisSectionandmay requestthattheconsumerprovideadditionalinformationreasonablynecessary to authenticate the consumer and the consumer's request.

(6)Acontrollerthathas58 obtainedOn personalpage data14, aboutline a8, consumerfromchange asourceotherthantheconsumerisconsideredincompliancewithaconsumer's"51:1780(B)(2)" requesttodeletethatpersonalto data"51:1780.5(B)(2)" pursuantAMENDMENT toSubparagraphNO. (A)(2)(c)of this Section by either of the following:

(a)59 RetainingOn apage record14, ofline the11, deletionchange request"by andR.S. the minimum data necessary for the purpose of ensuring the consumer's personal data remains deleted from the business's records and not using the retained data for any other purpose under this Chapter.

(b)51:1778" Optingto the"in consumerthis outSection" ofPage the5 processing of that10 personalCODING: data for any purpose other than a purpose that is exempt under the provisions of this Chapter.

C.(1)Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored Aare controllershalladditions. establish a process for a consumer to appeal the controller's refusal to take action on a request within a reasonable period of timeaftertheconsumer'sreceiptof thedecisions pursuant toParagraph(B)(3) Page 13 of 26 Coding:

WordsHCASB386 which4463 are5362 struckAMENDMENT throughNO. are deletions from existing law;

words60 inOn boldfacepage type14, andline underscored25, arechange additions."51:1776(28)(d)," to "51:1780.1(28)(d)," AMENDMENT NO.

SB61 On page 14, line 26, change "must" to "shall" AMENDMENT NO.

38662 ENROLLEDOn ofpage this15, Section.line 3, change "R.S.

(2)Theappealprocessshallbeconspicuouslyavailableandsimilartothe51:1778(E)(1)(c)." processforinitiatingactiontoexerciseconsumerrightsbysubmittingarequest pursuant to Subsection"Subparagraph(1)(c) A of this Section.Subsection." AMENDMENT NO.

(3)Acontrollershallinformtheconsumerinwritingofanyactiontaken63 orOn notpage taken15, inline response6, tochange an"under appealR.S. under this Section not later than the sixtieth calendar day after the date of receiptof the appeal, including a written explanation of the reason or reasons for the decision.

(4)1778(A)(2)(e)(1) Ifand the(2)." controllerto denies"pursuant anto appeal,Items the(A)(2)(e)(i) controllerand shall(ii) provideof thethis consumerwiththeonlinemechanismdescribedbyR.S.51:1780.5(B)(2)throughSection." whichAMENDMENT theNO. consumer may contact the attorney general to submit a complaint.

D.Any64 provisionOn ofpage a15, contractorline agreement10, thatafter waiveschange orlimitsin"processing." anyto way"processing afor consumertargeted rightadvertising, describedfor insale thisof Sectionpersonal isdata, contrarytoor publicboth." policyAMENDMENT andNO. is void and unenforceable.

E.(1)65 AOn controllerpage shall15, establishline two15, orchange more"apply:" secure and reliable methods to enable"applies:" consumersAMENDMENT toNO. submit a request to exercise their consumer rights under this Chapter.

The66 methodsOn shallpage take16, intoline account1, allchange of"§1779." theto following:"§1780.4." AMENDMENT NO.

(a)67 TheOn wayspage in16, whichline consumers23, normallybetween interact"with" withand "the" insert "the rules, regulations, and the controller.exceptions of" AMENDMENT NO.

(b)68 TheOn necessitypage for16, secureline and24, reliablechange communications"1998 of(15 thoseU.S.C. requests.

(c)6501 Theet abilityseq.)." of the controller to authenticate"1998, the15 identityU.S.C. of the consumer making the request.

(2)6501 Aet controllerseq." mayAMENDMENT notNO. require a consumer to create a new account to exercisetheconsumer's rights under this Chapterbut mayrequireaconsumer to use an existing account.

(3)69 ExceptOn aspage provided17, byline 1, change "under R.S.

51:1780.1(28)(d),51:1778(A)" if the controller maintainsawebsite,thecontrollershallprovideamechanismonthewebsitefor consumers to submit"pursuant requests for information required to beR.S. disclosed under this Chapter.

Page51:1780.3(A)" 14AMENDMENT ofNO. 26 Coding:

Words70 whichOn arepage struck17, throughline are10, deletionschange from"under existingR.S. law;

words51:1778," into boldface"pursuant typeto andR.S. underscored are additions.

SB51:1780.3," AMENDMENT NO.

38671 ENROLLEDOn (4)page A17, controllerline that13, operateschange exclusively"shares onlinewith" and has a direct relationship with a consumer from whom the controller collects personal information is only required to provide"sells anto" emailAMENDMENT addressNO. for the submission of requests described by Subparagraph(1)(c) of this Subsection.

(5)Aconsumermaydesignateanotherpersontoserveastheconsumer's72 authorizedOn agentpage and17, actline on15, thechange consumer's"shares" behalf to opt"sells" outPage of6 the processing of the10 consumer'sCODING: personal data pursuant to Items (A)(2)(e)(i) and (ii) of this Section.

AWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored consumerare mayadditions. designate an authorized agent using a technology, including a link to a website, an internet browser setting or extension, or a global setting on an electronic device, that allows the consumer to indicate the consumer's intent to opt out of the processing for targeted advertising, for sale of personal data, or both.

AHCASB386 controller4463 shall5362 complyAMENDMENT withNO. an opt-out request receivedfromanauthorizedagentunderthisSubsectionifthecontrollerisable toverify,withcommerciallyreasonableeffort,theidentityoftheconsumerand the authorized agent's authority to act on the consumer's behalf.

A73 controllerOn ispage not17, requiredline to16, complychange with"under anR.S. opt-out request received from an authorized agent under this Subsection if any one of the following applies:

(a)51:1778(E)" Theto authorized"pursuant agent does not communicate the request to theR.S. controller in a clear and unambiguous manner.

(b)51:1780.3(E)" TheAMENDMENT controllerNO. is not able to verify, with commercially reasonable effort, that the consumer is a resident of this state.

(c)74 TheOn controllerpage does18, notdelete possesslines the5 abilitythrough to14 processand insert in lieu thereof the request.following:

(d)"(a) TheTaking controllerinto doesaccount notthe processnature similarof orprocessing identicaland requeststhe information available to the controllerprocessor, receivesby fromusing consumersappropriate fortechnical theand purposeorganizational ofmeasures, complyinginsofar withas similarthis oris identicalreasonably lawspracticable, orto regulationsfulfill ofthe anothercontroller's state.obligation to respond to consumer rights requests submitted pursuant to R.S.

(6) The technology described by this Subsection:

(a) Shall not unfairly disadvantage another controller.

(b)Maynotmakeuseofadefaultsetting,butshallrequiretheconsumer to make an affirmative, freely given, and unambiguous choice to indicate the consumer's intent to opt out of any processing of a consumer's personal data.

Page 15 of 26 Coding:

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words in boldface type and underscored are additions.

SB NO.

386 ENROLLED (c)Shall beconsumer-friendlyandeasytousebytheaverageconsumer.

§1780.4.

Duties A.(1) A controller:

(a) Shall limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which that personal data is processed, as disclosed to the consumer.

(b) For purposes of protecting the confidentiality, integrity, and accessibility of personal data, shall establish, implement, and maintain reasonable administrative, technical, and physical data security practices that are appropriate to the volume and nature of the personal data at issue.

(2) A controller shall not:

(a)Exceptasotherwiseprovidedbythis Chapter,processpersonaldata for a purpose that is neither reasonably necessary to nor compatible with the disclosed purpose for which the personal data is processed, as disclosed to the consumer, unless the controller obtains the consumer's consent.

(b) Process personal data in violation of state and federal laws that prohibit unlawful discrimination against consumers.

(c) Discriminate against a consumer for exercising any of the consumer rights contained in this Chapter, including by denying goods or services, chargingdifferentpricesorratesforgoodsorservices,orproviding adifferent level of quality of goods or services to the consumer.

(d) Process the sensitive data of a consumer without obtaining the consumer's consent, or, in the case of processing the sensitive data of a known child, without processing that data in accordance with the rules, regulations, and the exceptions of the Children's Online Privacy Protection Act of 1998, 15 U.S.C.

6501 et seq.

(3) This Subsection may not be construed to require a controller to provide a product orservicethatrequiresthepersonal data of aconsumerthat the controller does not collect or maintain or to prohibit a controller from offeringa differentprice,rate,level,quality, orselectionof goods orservicesto Page 16 of 26 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED a consumer, including offeringgoods orservicesforno fee,if theconsumerhas exercised the consumer's right to opt out pursuant to R.S.

51:1780.3(A) or the offer is related to a consumer's voluntary participation in a bona fide loyalty, rewards, premium features, discounts, or club card program.

B.(1) A controllershall provide consumers with a reasonably accessible and clear privacy notice that includes all of the following:

(a) The categories of personal data processed by the controller, including, if applicable, any sensitive data processed by the controller.

(b) The purpose for processing personal data.

(c) A process on how consumers may exercise their consumer rights pursuant to R.S.

51:1780.3, including the process by which a consumer may appeal a controller's decision with regard to the consumer's request.

(d) If applicable, the categoriesof personal data that the controller sells to third parties.

(e)Ifapplicable,thecategoriesofthirdpartieswithwhomthecontroller sells personal data.

(f) A description of the methods required pursuant toR.S.

51:1780.3(E) throughwhichconsumerscansubmitrequeststoexercisetheirconsumerrights under this Chapter.

(2)Ifacontrollerengagesinthesaleofpersonaldatathatissensitive,the controller shall post the following notice in the same manner as the privacy notice described in Subsection B of this Section:

"NOTICE:

We may sell your sensitive personal data." (3) If a controller engages in the sale of personal data that is biometric data, the controller shall post the following notice in the same manner as the privacy notice described in Subsection B of this Section:

"NOTICE:

We may sell your biometric personal data." C.

If a controller sells personal data to third parties or processes personal data for targeted advertising, the controller shall clearly and conspicuously disclose that process and the manner in which a consumer may Page 17 of 26 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED exercise the right to opt out of that process.

D.(1) A processor shall adhere to the instructions of a controller and shall assist the controller in meeting or complying with the controller's duties or requirements under this Chapter, including:

(a) Taking into account the nature of processing and the information available to the processor, by using appropriate technical and organizational measures, insofar as this is reasonably practicable, to fulfill the controller's obligation to respond to consumer rights requests submitted pursuant to R.S.

51:3071 et seq.seq." AMENDMENT NO.

(c)75 ProvidingOn necessarypage information18, toline enable27, thechange controller"data;" to conduct"data." andAMENDMENT documentNO. data protection assessments under Subsection E of this Section.

(2)76 AOn contractpage between19, aline controller1, andchange a"law;" processor shall govern the processor's data processing procedures with respect to processing"law." performedAMENDMENT onNO. behalf of the controller.

The77 contractOn shallpage include19, allline of4, thechange following:"chapter;" to "Chapter." AMENDMENT NO.

(a)78 ClearOn instructionspage for19, processingline data.6, change "assessor;

(b)and" Theto nature"assessor." andAMENDMENT purposeNO. of processing.

(c)79 TheOn typepage of20, dataline subject2, change "of:" to processing."of any of the following:" AMENDMENT NO.

(d)80 TheOn durationpage of20, processing.line 4, change "consumers;" to "consumers." AMENDMENT NO.

(e)81 TheOn rightspage and20, obligationsline of5, bothchange parties."consumers;" to "consumers." AMENDMENT NO.

(f)82 AOn requirementpage that20, theline processor8, shallchange do"person; all of the following:

(i)Ensureor" thateachperson processingpersonal data is subjecttoa duty of confidentiality with respect to the"person." data.AMENDMENT NO.

(ii)83 AtOn thecontroller'sdirection,deleteorreturnallpage personal20, dataline to13, thechange controller"under asR.S. requested after the provision of the service is completed, unless retention of the personal data is required by law.

Page51:1779(E)(1)" 18to "pursuant to Paragraph (1) of 26this Coding:Subsection" AMENDMENT NO.

Words84 whichOn arepage struck20, throughline are14, deletionschange from"shall:" existingto law;"shall do both of the following:" Page 7 of 10 CODING:

wordsWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored in boldface type and underscored are additions.

SBHCASB386 4463 5362 AMENDMENT NO.

38685 ENROLLEDOn (iii)page Make20, availableline to19, thechange controller,"risks; on reasonable request, all information in the processor's possession necessary to demonstrate the processor's compliance with the requirements of this Chapter.

(iv)Allow,andcooperatewith,reasonableassessmentsbythecontrollerand" orto the"risks." controller'sAMENDMENT designatedNO. assessor.

(v)86 EngageOn anypage subcontractor20, pursuantline to27, achange written"51:1780(C)(2)" contract that requires the subcontractor to meet"51:1780.5(C)(2)" theAMENDMENT requirementsNO. of the processor with respect to the personal data.

(3)87 NotwithstandingOn anypage other20, provisionsline of28, thischange Chapter,"51:1780(C)." a processor, in the alternative, may arrange for a qualified and independent assessor to conduct"51:1780.5(C)." anAMENDMENT assessmentNO. of the processor's policies and technical and organizational measures in support of the requirements under this Chapter using an appropriate and accepted control standard or framework and assessment procedure.

The88 processorOn shallpage provide21, aline report1, ofchange the"under assessmentR.S. to the controller on request.

(4)51:1779." Thisto Section"pursuant shall not be construed to relievethis aSection." controllerAMENDMENT orNO. a processor from the liabilities imposed on the controller or processor by virtue of its role in the processing relationship as described by this Chapter.

(5)89 AOn determinationpage of21, whetherbetween alines person10 isand acting11, asinsert a controller or processor with respect to a specific processing of data is a fact-based determination that depends on the contextfollowing: in which personal data is to be processed.

A"(7) processorData thatprotection continuesassessments toare adhererequired tofor aprocessing controller'sactivities instructionsas with respect to a specific processing of personalJanuary data1, remains2027, inand theare rolenot ofretroactive." aAMENDMENT processor.NO.

E.(1)90 AOn controllerpage shall21, conductline and20, documentchange a"to:" datato protection"to assessmentofeachofthefollowingprocessingactivitiesinvolvingpersonaldata:do any of the following:" AMENDMENT NO.

(a)Theprocessingofpersonaldataforpurposesoftargetedadvertising.91 On page 21, line 26, change "51:1778(A), if the controller:" to "51:1780.3(A), if the controller is all of the following:" AMENDMENT NO.

(b)92 TheOn salepage of21, personalline data.29, change "data;" to "data." AMENDMENT NO.

(c)93 TheOn processingpage of22, personalline data3, forchange purposes"consumer; of profiling, if the profiling presents a reasonably foreseeable risk of any of the following:

Pageand" 19to of"consumer." 26AMENDMENT Coding:NO.

Words94 whichOn arepage struck22, throughbetween arelines deletions11 fromand existing12, law;insert the following:

words"H. in boldface type and underscored are additions.

SB NO.

386 ENROLLED (i) Unfair or deceptive treatment of or unlawful disparate impact on consumers.

(ii) Financial, physical, or reputational injury to consumers.

(iii) A physical or other intrusion on the solitude or seclusion, or the private affairs or concerns, of consumers,if theintrusion would be offensive to a reasonable person.

(iv) Other substantial injury to consumers.

(d) The processing of sensitive data.

(e) Any processing activities involving personal data that present a heightened risk of harm to consumers.

(2) A data protection assessment conducted pursuant to Paragraph (1) of this Subsection shall do both of the following:

(a)Identify and weigh thedirectorindirectbenefitsthat mayflow from the processing to the controller, the consumer, other stakeholders, and the public, against the potential risks to the rights of the consumer associated with that processing, as mitigated by safeguards that can be employed by the controller to reduce the risks.

(b) Factor into the assessment all of the following:

(i) The use of deidentified data.

(ii) The reasonable expectations of consumers.

(iii) The context of the processing.

(iv) The relationship between the controller and the consumer whose personal data will be processed.

(3) A controller shall make a data protection assessment requested pursuant to R.S.

51:1780.5(C)(2) available to the attorney general pursuant to a civil investigative demand pursuant to R.S.

51:1780.5(C).

(4)Adata protectionassessmentisconfidential and exemptfrompublic inspectionandcopyingpursuanttothisSection.Disclosureofadataprotection assessment in compliance with a request from the attorney general does not constituteawaiverofattorney-clientprivilegeorworkproductprotectionwith Page 20 of 26 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED respect to the assessment and any information contained in the assessment.

(5)Asingle dataprotectionassessmentmayaddressacomparablesetof processing operations that include similar activities.

(6) A data protection assessment conducted by a controller for the purposeofcompliancewithotherlawsorregulationsmayconstitutecompliance with the requirements of this Section if the assessment has a reasonably comparable scope and effect.

(7)Dataprotectionassessmentsare required for processingactivitiesas of January 1, 2027, and are not retroactive.

F.(1) A controller in possession of deidentified data shall do all of the following:

(a) Take reasonable measures to ensure that the data cannot be associated with an individual.

(b) Publicly commit to maintaining and using deidentified data without attempting to reidentify the data.

(c) Contractually obligate any recipient of the deidentified data to comply with the provisions of this Chapter.

(2) This Chapter shall not be construed to require a controller or processor to do any of the following:

(a) Reidentify deidentified data or pseudonymous data.

(b) Maintain data in identifiable form or obtain, retain, or access any data or technology for the purpose of allowing the controller or processor to associate a consumer request with personal data.

(c) Comply with an authenticated consumer rights request under R.S.

51:1780.3(A), if the controller is all of the following:

(i)Isnotreasonablycapableofassociatingtherequestwiththepersonal dataoritwouldbeunreasonablyburdensomeforthecontrollertoassociatethe request with the personal data.

(ii)Doesnotusethepersonaldatatorecognizeorrespondtothespecific consumer who is thesubjectof thepersonal data or associate the personal data Page 21 of 26 Coding:

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words in boldface type and underscored are additions.

SB NO.

386 ENROLLED with other personal data about the same specific consumer.

(iii) Does not sell the personal data to any third party or otherwise voluntarilydisclosethepersonaldatatoanythirdpartyotherthanaprocessor, except as otherwise permitted by this Section.

G.

This Section shall not prevent a controller or processor's ability to prevent, detect, protect against or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activity, or illegal activity;

preserve the integrity or security of systems;

or investigate, report, or prosecute those responsible for such actions.

H.

(4)Providea(4) productProvideaproductorservicespecificallyrequestedbyaconsumeror orservicespecifically requestedby a consumeror the parent or guardian of a child, perform a contract to which the consumer is a party, including fulfilling the terms of a written warranty, or taking steps at the request of the consumer before entering into a contract.

(6)EngageinpublicPage orpeer-reviewedscientificorstatisticalresearchin8 the public interest that adheres to all other applicable ethics and privacy laws and is approved, monitored, and governed by an institutional review board or similarly independent oversight entity that determines all of the10 followingCODING: has occurred:

(a)Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored Ifare theadditions. deletion of the information is likely to provide benefits that do not exclusively accrue to the controller.

PageHCASB386 224463 5362 (6) Engage in public or peer-reviewed scientific or statistical research inthepublicinterestthatadherestoallotherapplicableethicsandprivacylaws and is approved, monitored, and governed by an institutional review board or similarly independent oversight entity that determines all of 26the Coding:following has occurred:

Words(a) whichIf arethedeletion struckof throughthe areinformation deletionsis fromlikely existingto law;provide benefitsthat do not exclusively accrue to the controller.

words(b) inWhether boldfacethe typeexpectedbenefits andof underscoredthe areresearchoutweigh additions.the privacy risks.

SB(c) NO.If the controllerhas implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with reidentification.

386 ENROLLED (b) Whether the expected benefits of the research outweigh the privacy risks.

(c) If the controller has implemented reasonable safeguards to mitigate privacy risks associated with research, including any risks associated with reidentification.

(8) Cooperate with law enforcement agencies concerning conduct or activity that the controller or processor reasonably and in good faith believes may violate federal, state, or local laws, rules, or regulations.

TheTheobligations obligationsimposedoncontrollersorprocessorspursuanttothis imposed on controllers or processors pursuant tothis Chapter shall not restrict a controller's or processor's ability to collect, use, or retain data for internal use to do any of the following:

(3) IdentifyIdentifyandrepairtechnicalerrorsthatimpairexisting andorintended repair technical errors that impair existing or intended functionality.

(4) Perform internal operations that are reasonably aligned with the expectationsoftheconsumerorreasonablyanticipatedbasedontheconsumer's existing relationship with the controller, or are otherwise compatible with processing data in furtherance of the provisions of a product or service specificallyspecificallyrequestedby requestedby aconsumerortheperformanceof acontracttowhich the consumer is a party.

J.TheJ. obligations imposed on controllersorprocessorspursuanttothis Chapter shall not apply where compliance by the controller or processor with saidSectionswouldviolateanevidentiaryprivilegepursuant tothelaws of this state.

NothingTheobligationsimposedoncontrollersorprocessorspursuanttothis in this Chapter shall benot construedapply towhere preventcompliance aby the controller or processor fromwith providingsaid personalSectionswouldviolateanevidentiaryprivilegepursuanttothelaws data concerning a consumer to a person covered by an evidentiary privilege pursuant to the laws of thethis statestate. as part of Page 23 of 26 Coding:

WordsNothing whichin arethis struckChapter throughshall arebe deletionsconstrued to prevent a controller or processor from existingproviding law;personal data concerning a consumer to a person covered by an evidentiary privilege pursuant to the laws of the state as part of a privileged communication.

words in boldface type and underscored are additions.

SB NO.

386 ENROLLED a privileged communication.

(a)Reasonablynecessaryandproportionatetothepurposeslistedinthis(a) Reasonablynecessaryandproportionatetothepurposeslistedinthis Section.

(b)Adequate,relevant,andlimitedtowhatisnecessaryinrelationtothe(b) Adequate,relevant,andlimitedtowhatisnecessaryinrelationtothe specific purposes listed in this Section.

(2)Personaldatacollected,used,orretainedpursuanttoSubsectionIof(2) thisPersonal Sectiondata shall,collected, whereused, applicable,or takeretained intopursuant accountto theSubsection natureI andofthisSectionshall,whereapplicable,takeintoaccountthenatureandpurpose purpose or purposes of such collection, use, or retention.

N.Page 9 of 10 CODING:

ProcessingWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored personalare dataadditions. for the purposes expressly identified in Subsections G through I of this Section shall not solely make a legal entity a controller with respect to such processing.

O.(1)HCASB386 The4463 consumer5362 rightsN. pursuant to R.S.

51:1780.3(A)(2)(a)throughProcessing (e)andcontrollerdutiespursuanttothisSectiondonotapplytopseudonymouspersonal data infor casesthe inpurposes whichexpressly theidentified controllerin isSubsections ableG tothrough demonstrateI anyof informationthis necessarySection toshall identifynot thesolely consumermake isa keptlegal separatelyentity anda iscontroller subjectwith respect to effectivesuch Pageprocessing." 24AMENDMENT ofNO. 26 Coding:

Words95 whichOn arepage struck22, throughline are12, deletionschange from"H." existingto law;"O." and change "under R.S.

words51:1778(A)(2)(a)" into boldface"pursuant typeto andR.S. underscored are additions.

SB51:1780.3(A)(2)(a)" AMENDMENT NO.

38696 ENROLLEDOn technicalandorganizationalcontrolsthatpreventthecontrollerfromaccessingpage the22, information.line 13, change "under R.S.

(2)51:1779" A controller that discloses pseudonymous data or deidentified data shallexercisereasonableoversighttomonitorcompliancewithanycontractual commitments to which"pursuant the pseudonymous data or deidentified data is subject and shall take appropriate steps to addressthis anySection" breachAMENDMENT ofNO. the contractual commitments.

P.(1)97 AOn personpage or22, entityline described23, bychange R.S."I." to "P." and change "R.S.

51:1780.2(A)(3)51:1777(A)(3)" mayto not"R.S. engagein thesaleof personal datathatis sensitivedata without receivingprior consent from the consumer.

(2)ApersonwhoviolatesthisSectionissubjecttothepenaltyunderR.S.51:1780.2(A)(3)" AMENDMENT NO.

51:1780.5.98 On page 22, line 27, change "51:1780." to "51:1780.5." AMENDMENT NO.

§1780.5.99 On page 22, line 28, change "§1780." to "§1780.5." AMENDMENT NO.

Enforcement100 A.On page 23, line 12, change "R.S.

The51:1780," attorneyto general"this shallSection," enforceAMENDMENT theNO. provisions of this Chapter.

B.101 On page 23, line 20, after "violation" insert a period "." and delete "and notified the consumer that the" AMENDMENT NO.

The102 attorneyOn generalpage shall23, postdelete onlines his21 website, information relating to the responsibilities of a controller and a22 processorAMENDMENT andNO. consumer rights pursuant to this Chapter.

C.103 On page 23, line 26, between "no" and "further" insert "such" Page 10 of 10 CODING:

AnyWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored violationare ofadditions. the provisions of this Chapter shall constitute an unfairanddeceptivetradepracticepursuanttotheUnfairTradePracticesand Consumer Protection Law, R.S.

51:1401 et seq., excluding private rights of action as provided in R.S.

51:1409 and 1409.1.

Notwithstanding any other provision of law to the contrary, any monies received related to the attorney general's enforcement of this Chapter shall be used by the attorney general for consumerprotectioneffortsortopromoteconsumerprotectionand education.

D.BeginningJanuary1,2027,andendingJuly31,2027,beforebringing an action pursuant to this Section, the attorney general shall notify a person in writing, not later than the thirtieth calendar day before initiating an investigation, identifying the specific provisions of this Chapter the attorney general alleges is being violated.

The attorney general shall not initiate an investigation against the person if the person does all of the following:

Page 25 of 26 Coding:

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words in boldface type and underscored are additions.

SB NO.

386 ENROLLED (1) Cures the alleged violation identified by the attorney general within the thirty-day period.

(2) Provides the attorney general with a written statement that the person cured the alleged violation.

(3) Submits supportive documentation to the attorney general to show how the privacy violation was cured.

(4) Changes are made to the internal policy, if necessary, to ensure that no such further violations occur.

Section 2.

This Act shall become effective on January 1, 2027.

PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

Page 26 of 26 Coding:

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words in boldface type and underscored are additions.