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Can I collect browser information from participants in Louisiana? What are the requirements?

Based on the documents provided, collecting browser information from participants in Louisiana is subject to certain restrictions and requirements.

Restrictions on Collecting Browser Information

Louisiana law prohibits the collection of personally identifiable information through the use of spyware or other deceptive means [3.1]. Specifically, a person or entity that is not an authorized user shall not knowingly or willfully cause computer software to be copied or procure the copying onto the computer of an authorized user in this state and use the software to collect personally identifiable information through deceptive means [3.1].

Requirements for Collecting Personal Information

If you are seeking to collect personal information through a permitted disclosure or a required disclosure, you must establish to the satisfaction of the assistant secretary or his designee that you are a person, corporation, partnership, limited liability company, or other business entity who may receive personal information pursuant to the DPPA [1.1].

All requests seeking disclosure of personal information shall be in writing, except electronic requests submitted to the department pursuant to a contract authorized by Subchapter B [1.1]. The requester shall provide such information as may be required by the department to establish the requester’s identity and the requester’s status as a person who may receive the requested personal information [1.1].

In the case of a consented disclosure, the requester shall notify the person about whom personal information is sought of the request and that the information will not be released unless the individual waives his right to privacy under DPPA [1.1]. The notice of the request to the person about whom personal information is requested shall specifically state all personal information that is being sought [1.1].

Proprietary and Trade Secret Information

Louisiana law provides certain exemptions for proprietary and trade secret information submitted to a public body [2.1]. If the browser information you are seeking to collect falls under this category, you may not be required to disclose it.

Conclusion

Based on the documents provided, collecting browser information from participants in Louisiana is subject to certain restrictions and requirements. Louisiana law prohibits the collection of personally identifiable information through the use of spyware or other deceptive means. If you are seeking to collect personal information through a permitted disclosure or a required disclosure, you must establish to the satisfaction of the assistant secretary or his designee that you are a person, corporation, partnership, limited liability company, or other business entity who may receive personal information pursuant to the DPPA. All requests seeking disclosure of personal information shall be in writing, except electronic requests submitted to the department pursuant to a contract authorized by Subchapter B. The requester shall provide such information as may be required by the department to establish the requester’s identity and the requester’s status as a person who may receive the requested personal information. In the case of a consented disclosure, the requester shall notify the person about whom personal information is sought of the request and that the information will not be released unless the individual waives his right to privacy under DPPA. Louisiana law provides certain exemptions for proprietary and trade secret information submitted to a public body. If the browser information you are seeking to collect falls under this category, you may not be required to disclose it.

Source(s):
Jurisdiction

Louisiana