Louisiana House Bill HB81

Louisiana 2020 2nd Special Session

• Introduced: 10/5/20
• Refer: 10/5/20
• Report Pass: 10/14/20

Caption

Prohibits a school from sharing a student's personally identifiable information relative to illness or disease with the Dept. of Health for purposes of the Sanitary Code or any other purpose without parental consent (Item #42)

Impact

The enactment of this bill will significantly impact how public schools engage with health reporting mandates established under the Louisiana Sanitary Code. The previous requirements for schools to report individual cases to the LDH will now face new restrictions, providing additional safeguards for students' health-related information. Schools will be limited in their ability to report personal health data, reflecting a growing concern over data privacy within educational settings. This change could result in reduced visibility on certain public health issues affecting students, as only aggregate data will be shared moving forward.

Summary

House Bill 81 aims to protect students' privacy by prohibiting the sharing of personally identifiable information related to illness or disease with the Louisiana Department of Health (LDH) without the explicit consent of a student's parent or legal guardian. This legislation seeks to ensure that parents maintain control over sensitive health information about their children, fostering a safer environment in public schools regarding the handling of private data. The bill also allows schools to share aggregate data concerning reportable diseases without compromising individual identities, thereby balancing privacy with public health needs.

Sentiment

The general sentiment surrounding HB 81 appears to be positive among advocates for student privacy, who view the bill as a critical step in protecting children’s personal health information from unauthorized access. Supporters argue that enhanced privacy measures are necessary in today's digital age, where data breaches are increasingly common. However, some critics may express concern over the potential public health implications of not sharing precise data on communicable diseases that could benefit collective health surveillance efforts, indicating the bill may not be universally accepted.

Contention

Notable points of contention include the balance between parental rights and public health responsibilities. Advocates for the bill highlight the importance of parental control over children’s sensitive information, while opponents may argue that restricting access to important health data could hinder the state’s ability to monitor and respond to health threats within the school community. This legislative action reflects broader national conversations about privacy rights and public health, illustrating the complexities involved in educational policy-making in response to contemporary health concerns.