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

Based on the provided legal documents, it is possible to collect device information from participants in Louisiana under certain circumstances. However, there are specific requirements that must be met in order to do so legally.

Requirements for Collecting Device Information

Under LARS § 15.1316, a provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish investigative or law enforcement officers with all information, facilities, and technical assistance necessary to accomplish the installation of a pen register, a trap and trace device, or a cellular tracking device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by a court order as provided in R.S. 15:1315(B)(2). This means that if a court order is obtained, a provider of a wire or electronic communication service can be required to provide technical assistance to install a cellular tracking device on a device belonging to a participant in Louisiana.

However, in order to obtain a court order for the use of a cellular tracking device, an investigative or law enforcement officer must certify to the court that the information likely to be obtained by such use is relevant to an ongoing felony criminal investigation, and that the certification does include reasonable suspicion as required by R.S. 15:1317 [1.2]. Additionally, the order must specify the telephone number or other unique subscriber account number identifying the wire or electronic communications service account used by the device to which the cellular tracking device is to be attached or used, the physical location, if known, of the device for which the cellular tracking device is to be attached or used, and the type of device to which the cellular tracking device is to be attached or used [1.2].

Other Relevant Documents

There are other relevant documents that may provide additional information on collecting device information in Louisiana. For example, LARS § 45.844.9 outlines the circumstances under which a law enforcement agency supervisor can request device location information from a provider of commercial mobile services in emergency situations [2.1]. Additionally, LARS § 37.3507.1 outlines the requirements for obtaining criminal history record information from the Louisiana Bureau of Criminal Identification and Information for licensure purposes [4.1]. Finally, LARS § 40.1165.2 establishes the Health Care Information Technology and Infrastructure Advisory Collaborative to coordinate the development and adoption of uniform standards for interoperable electronic health care records in Louisiana [6.1].

In summary, it is possible to collect device information from participants in Louisiana under certain circumstances, but specific legal requirements must be met.

Source(s):
Jurisdiction

Louisiana