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Can I use third-party collaboration tools that collect personal information in Louisiana? What are the requirements?
Requirements for Using Third-Party Collaboration Tools in Louisiana
Based on the additional context documents provided, there are certain requirements for using third-party collaboration tools that collect personal information in Louisiana.
Louisiana law prohibits the disclosure of personal information contained in department records by the department or any officer, employee, agent, or contractor to any person except as provided in Subchapter B [1.2]. An authorized recipient shall resell or redisclose records or personal information contained in an individual’s motor vehicle record only for purposes defined as permitted disclosures in Subchapter B. Any authorized recipient reselling or redisclosing records or personal information shall maintain records of such resale or redisclosure for a period of five years from the date of such resale or redisclosure [1.2].
The board may create and maintain an electronic system for the collection and analysis of clinical information associated with the use of medical marijuana by patients. The data maintained in the data system shall not be subject to any public records request nor shall any such data be considered as a public record pursuant to R.S. 44:1 et seq. [2.1].
Nothing in this Chapter shall be construed to require 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 [4.1].
The board shall maintain the data system in a secure environment which complies, at minimum, with all applicable federal laws and regulations providing for the protection of health information. The board may authorize and facilitate access to data in the system to an outside party only if that party seeks the data for use in a bona fide medical research effort which has been authorized by the institutional review board of the organization conducting the research [2.2].
Conclusion
Based on the context documents provided, there are certain requirements for using third-party collaboration tools that collect personal information in Louisiana. Louisiana law prohibits the disclosure of personal information contained in department records by the department or any officer, employee, agent, or contractor to any person except as provided in Subchapter B. Additionally, the data maintained in the electronic system for the collection and analysis of clinical information associated with the use of medical marijuana by patients shall not be subject to any public records request nor shall any such data be considered as a public record. Furthermore, nothing in this Chapter shall be construed to require 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. Finally, the board shall maintain the data system in a secure environment which complies, at minimum, with all applicable federal laws and regulations providing for the protection of health information. The board may authorize and facilitate access to data in the system to an outside party only if that party seeks the data for use in a bona fide medical research effort which has been authorized by the institutional review board of the organization conducting the research.
Source(s):
- [1.2] Prohibition on Disclosure and Use of Personal Information from Department Records
- [2.1] Data system; components; reporting; design in collaboration with certain higher education institutions; public records exception
- [4.1] Proprietary and trade secret information
- [2.2] Protection of health information; limitations on data use
Jurisdiction
Louisiana