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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 295
BY SENATOR CROWE
IDENTITY DATA. Constitutional amendment to protect personal identifiable information.
(2/3-CA13sl(A))
A JOINT RESOLUTION1
Proposing to add Article I, Section 28 of the Constitution of Louisiana, relative to the right2
of security of personally identifiable information; to prohibit the sharing of3
personally identifiable information collected by a state agency or a local government4
agency; to provide for exceptions; to provide for remedies for violations; to provide5
for standing; and to specify an election for submission of the proposition to electors6
and provide a ballot proposition.7
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members8
elected to each house concurring, that there shall be submitted to the electors of the state, for9
their approval or rejection in the manner provided by law, a proposal to add Article I,10
Section 28 of the Constitution of Louisiana, to read as follows:11
ยง28. Right to Security of Personally Identifiable Information12
A. No state executive branch agency or local government agency shall13
share any person's personally identifiable information with another agency,14
private company, or anyone else without the express written permission of the15
person or a warrant.16
B. As used in this Subsection, "personally identifiable information" shall17 SB NO. 295
SLS 14RS-696 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
mean information that can be used to distinguish a person's identity, either1
alone or when combined with other personal or identifying information that is2
linked or linkable to a specific person.3
C. The provisions of this Section shall not prohibit the sharing of4
personally identifiable information by law enforcement personnel or5
corrections' officials for legal or law enforcement purposes.6
D. The provisions of this Section shall not prohibit the sharing of any7
information that is considered by law to be a public record.8
E. Any person adversely affected by the unlawful sharing of personally9
identifiable information in violation of this Section shall have standing to raise10
its illegality in the appropriate court.11
Section 2. Be it further resolved that this proposed amendment shall be submitted12
to the electors of the state of Louisiana at the statewide election to be held on November 4,13
2014.14
Section 3. Be it further resolved that on the official ballot to be used at said election15
there shall be printed a proposition, upon which the electors of the state shall be permitted16
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as17
follows:18
Do you support an amendment that would prohibit a state executive branch19
agency or local government agency from sharing a person's personally20
identifiable information with any other agency, private company, or anyone21
else without the express written permission of the person or a warrant and22
that would allow any person adversely affected by the unlawful sharing of23
personally identifiable information to be able to raise the issue of its illegality24
in the appropriate court, but would not prohibit the sharing of personally25
identifiable information for legal or law enforcement purposes?26
(Adds Article I, Section 28)27 SB NO. 295
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Crowe (SB 295)
Proposed constitutional amendment provides that no state executive branch agency or local
government agency shall share any person's personally identifiable information with another
agency, private company, or anyone else without the express written permission of the
person or a warrant.
Proposed constitutional amendment provides "personally identifiable information" means
information that can be used to distinguish a person's identity, either alone or when
combined with other personal or identifying information that is linked or linkable to a
specific person.
Proposed constitutional amendment provides that the provisions of proposed constitutional
amendment shall not prohibit the sharing of personally identifiable information between law
enforcement personnel for a legal or law enforcement purpose.
Proposed constitutional amendment provides that any person adversely affected by the
sharing of personally identifiable information in violation of proposed constitutional
amendment shall have standing to raise its illegality in the appropriate court.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 4, 2014.
(Adds Const. Art. I, Sec. 28)