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      RS 44:11.2     

  

§11.2. Limited access to personal information for protected individuals

            A. As used in this Section, the term "protected individual" shall mean:

            (1) A current or retired justice of the Louisiana Supreme Court or a current or retired judge of an appellate, district, family, juvenile, parish, city, or municipal court established under the Constitution of Louisiana.

            (2) A current or retired justice or judge of a federal court, including a United States Bankruptcy Court, domiciled in the state.

            (3) A current or retired magistrate appointed by a court of the state.

            (4) A current or retired United States magistrate judge domiciled in the state.

            (5) A current or retired commissioner or hearing officer of any district court in the state.

NOTE: Paragraphs (A)(6)-(9) as enacted by Acts 2025, No. 303, eff. Feb. 1, 2026.

            (6) A current or retired district attorney, assistant district attorney, or district attorney investigator.

            (7) A current member of the legislature.

            (8) A current statewide elected official.

            (9) A current member of the public service commission.

            B. As used in this Section, the term "personal information" shall mean:

            (1) Home address.

            (2) Home telephone number.

            (3) Mobile telephone number.

            (4) Personal email address.

            (5) Social security number.

            (6) Driver's license number.

            (7) Federal tax identification number.

            (8) Bank account number, including checking and savings accounts.

            (9) Credit or debit card number.

            (10) License plate number or unique identifier of a vehicle.

            (11) Marital record.

            (12) Date of birth.

            (13) School or daycare of a child.

            (14) Place of worship.

            (15) Employment location of a spouse, child, or dependent.

            C. As used in this Section, the term "publish" shall mean to publicly post or publicly display on the internet personal information of a protected individual who submits a request pursuant to Subsection E of this Section.

NOTE: Subsection D eff. until Feb. 1, 2026. See Acts 2025, No. 303.

            D. As used in this Section, the term "public body" refers to a public body as defined in R.S. 44:1(A)(1).

NOTE: Subsection D as repealed by Acts 2025, No. 303, eff. Feb. 1, 2026.

            D. Repealed by Acts 2025, No. 303, §2, eff. Feb. 1, 2026.

NOTE: Subparagraph (E)(1)(intro. para.) eff. until Feb. 1, 2026. See Acts 2025, No. 303.

            E.(1) A protected individual, or the judicial administrator's office on behalf of a protected individual, may request that a public body or third party:

NOTE: Subparagraph (E)(1)(intro. para.) as amended by Acts 2025, No. 303, eff. Feb. 1, 2026.

            E.(1) A protected individual, or the judicial administrator's office on behalf of a protected individual identified in Paragraphs (A)(1) through (5) of this Section or the Louisiana District Attorneys Association on behalf of a protected individual identified in Paragraph (A)(6) of this Section, may request that a public body or third party:

            (a) Not publish the protected individual's personal information.

            (b) Remove the protected individual's personal information from any existing publication.

            (2) A request made under this Section shall:

            (a) Be in writing and contain the document type, description of the location on the public body's website, date of filing, registry or docket number, and an electronic mail address for correspondence.

            (b) Be sent by certified mail or by electronic mail address.

NOTE: Subparagraph (E)(2)(c) eff. until Feb. 1, 2026. See Acts 2025, No. 303.

            (c) Provide sufficient information to confirm that the requester is a protected individual, and that a request made by the judicial administrator's office certifies that a requester is a protected individual, and no further information may be required to confirm that the requester is a protected individual.

NOTE: Subparagraph (E)(2)(c) as amended by Acts 2025, No. 303, eff. Feb. 1, 2026.

            (c) Provide sufficient information to confirm that the requester is a protected individual, and that a request made by the judicial administrator's office or Louisiana District Attorneys Association certifies that a requester is a protected individual, and no further information may be required to confirm that the requester is a protected individual.

            (d) Identify the document, posting, or other publication containing the personal information.

            (3) A request made under this Section may include the personal information of a person who resides in the same household of the protected individual who is the spouse, child, or dependent of the protected individual.

            (4) The protected individual shall be responsible for confirming receipt of the request.

            F.(1) Not later than ten days after receiving a request as provided by Subsection E of this Section, a public body shall acknowledge receipt of the request in writing by certified mail or by email and take steps reasonably necessary to ensure that the personal information is not published.

            (2) If the personal information is already published, provide for the removal of the personal information within fifteen days after acknowledgment of receipt of the request or provide a reason in writing why the request has not been fulfilled.

            G. On receipt of a request under Subsection E of this Section, a third party to whom a request is made shall:

            (1) Provide for the removal of the personal information within seventy-two hours after receipt of the request.

            (2) Notify the protected individual or the judicial administrator's office by certified mail or by email of the removal.

NOTE: Paragraph (H)(intro. para.) eff. until Feb. 1, 2026. See Acts 2025, No. 303.

            H. A protected individual or the judicial administrator's office may bring an action for mandamus due to a violation of this Section against a public body or third party for:

NOTE: Paragraph (H)(intro. para.) as amended by Acts 2025, No. 303, eff. Feb. 1, 2026.

            H. A protected individual, the judicial administrator's office, or the Louisiana District Attorneys Association may bring an action for mandamus due to a violation of this Section against a public body or third party for:

            (1) Declaratory relief.

            (2) Injunctive relief.

            (3)(a) Reasonable attorney fees.

            (b) For a third party, an action for a violation of this Section may also be brought for damages incurred as a result of a violation of this Section.

            I. A person who violates this Section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding ninety days or a fine not exceeding one thousand dollars, or both. Neither this provision nor any other penalty provision shall apply to a public body.

NOTE: Subsection J as enacted by Acts 2025, No. 303, eff. Feb. 1, 2026.

            J. Notwithstanding the provisions of this Section, an individual who is recognized as a protected individual shall not be exempt from publication or removal of his personal information from records publicly posted by the office of the secretary of state.

            Acts 2024, No. 628, §1, eff. Feb. 1, 2025; Acts 2025, No. 303, §§1, 2, eff. Feb. 1, 2026.



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