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Can I use third-party file sharing tools that collect personal information in Louisiana? What are the requirements?
Based on the provided context documents, third-party file sharing tools that collect personal information in Louisiana are subject to certain requirements.
Prohibition on Disclosure and Use of Personal Information from Department Records [1.2]
According to Section 555 of 55 LAAC Part III Chapter 5, personal information contained in records of the Department of Public Safety and Corrections cannot be disclosed by the department or any officer, employee, agent, or contractor to any person except as provided in Subchapter B.
Official Use of Personal Information [1.1]
Section 565 of 55 LAAC Part III Chapter 5 states that nothing in Subchapter B shall be construed as limiting or prohibiting the use of personal information by an employee of the Department of Public Safety and Corrections for official purposes as authorized by the DPPA and state law.
Procedure for Requesting Personal Information [1.3]
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. All 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.
Representations Regarding Records and Personal Information [1.4]
No authorized recipient shall represent the records or personal information which the authorized recipient may use, resell, or redisclose as official records of the department. The authorized recipient may represent that the records or personal information have been obtained from the department and that the records or personal information accurately reflects what was contained in the department’s records on the date the records or information were obtained. Any permitted resale or redisclosure shall contain or be accompanied with a statement that the records or personal information contained therein are not the official records of the department.
Based on the above context documents, third-party file sharing tools that collect personal information in Louisiana are subject to the following requirements:
- Personal information contained in records of the Department of Public Safety and Corrections cannot be disclosed by the department or any officer, employee, agent, or contractor to any person except as provided in Subchapter B [1.2].
- Nothing in Subchapter B shall be construed as limiting or prohibiting the use of personal information by an employee of the Department of Public Safety and Corrections for official purposes as authorized by the DPPA and state law [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. 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. All 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 [1.3].
- No authorized recipient shall represent the records or personal information which the authorized recipient may use, resell, or redisclose as official records of the department. The authorized recipient may represent that the records or personal information have been obtained from the department and that the records or personal information accurately reflects what was contained in the department’s records on the date the records or information were obtained. Any permitted resale or redisclosure shall contain or be accompanied with a statement that the records or personal information contained therein are not the official records of the department [1.4].
Therefore, if a third-party file sharing tool collects personal information in Louisiana, it must comply with the above requirements.
Source(s):
- [1.1] Official Use of Personal Information
- [1.2] Prohibition on Disclosure and Use of Personal Information from Department Records
- [1.3] Procedure for Requesting Personal Information
- [1.4] Representations Regarding Records and Personal Information
Jurisdiction
Louisiana