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Can I collect personal information from participants in Louisiana? What are the requirements?
Based on the documents provided, you may collect personal information from participants in Louisiana subject to certain requirements and restrictions.
To collect personal information, a requester must establish their identity and status as a person who may receive the requested personal information, including providing their full name, any aliases or trade names, complete mailing and physical addresses, telephone number, and the name of a contact person if the requester is a business entity [1.1].
Requests seeking disclosure of personal information shall be processed on a first come, first serve basis, unless the assistant secretary or his designee determines that there is good cause for a request to be handled in a different order [1.1].
However, certain records of retired members of public retirement systems, plans, or funds or of members who are participating in or who have participated in the Deferred Retirement Option Plan are exempt from disclosure except for certain information [3.1].
Additionally, nothing in Louisiana law requires the disclosure of proprietary or trade secret information pertaining to any code, pattern, formula, design, device, method, or process which is proprietary or trade secret information which has been submitted to a public body by the developer, owner, or manufacturer of a code, pattern, formula, design, device, method, or process in order to obtain or retain approval of such code, pattern, formula, design, device, method, or process for sale or use in this state [3.2].
If you are an employee of the Department of Public Safety and Corrections, you may use personal information for official purposes as authorized by the DPPA and state law [1.3].
If you are not an employee of the Department of Public Safety and Corrections, you must establish your identity and status as a person who may receive the requested personal information, and comply with the requirements contained in §557, otherwise your request may be denied [1.1].
However, there are certain restrictions on the disclosure and use of personal information from department records, including motor vehicle records, which are subject to the Driver’s Privacy Protection Act (DPPA) [1.2].
Furthermore, the Louisiana State Board of Private Investigator Examiners requires an applicant for licensure to submit two full sets of fingerprints to permit the board to request and obtain state and national criminal history record information on the applicant, and any and all state or national criminal history record information obtained by the board which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys in evaluating the applicant’s eligibility or disqualification for licensure [2.1].
Certain records of the Department of Transportation and Development or the Sabine River Authority, state of Louisiana, containing sensitive security information or critical infrastructure information are also exempt from disclosure [3.3].
Finally, if you are selling or furnishing cable TV bingo cards or supplies, you must have a valid identification card issued by the division and displayed conspicuously on your person, and no person under the age of 18 shall be issued an ID to sell cable television bingo supplies [4.1].
Therefore, to collect personal information from participants in Louisiana, you must establish your identity and status as a person who may receive the requested personal information, comply with the requirements contained in §557, ensure that the personal information you are seeking to collect is not exempt from disclosure, and comply with any additional requirements or restrictions imposed by relevant laws and regulations.
Source(s):
- [1.1] Procedure for Requesting Personal Information
- [1.2] Prohibition on Disclosure and Use of Personal Information from Department Records
- [2.1] Louisiana State Board of Private Investigator Examiners; authorization to obtain criminal history record information
- [3.1] Personal data records for certain members of public retirement systems, plans, or funds
- [3.2] Proprietary and trade secret information
- [3.3] Department of Transportation and Development; Sabine River Authority; exception for certain sensitive security information or critical infrastructure information
- [4.1] Volunteer Worker I.D.― Application/Requirements
- [1.3] Official Use of Personal Information
Jurisdiction
Louisiana