RÉSUMÉ DIGEST
Act 321 (HB 740) 2020 Regular Session Wright
New law prohibits an official or employee of any public postsecondary education board or
institution from disclosing to anyone for any purpose the following information without the
affirmative written consent of the person to which the information pertains:
(1)The contact information or personally identifiable information for a student; if the
student is under 18 and not emancipated, it may be shared upon the affirmative
written consent of his parent or legal guardian.
(2)The contact information or personally identifiable information for a student's parent
or legal guardian.
New law provides an exception to this prohibition by authorizing the disclosure of such
information:
(1)To an employee or official of any public postsecondary education board or institution
or public agency who needs the information to perform his official duties.
(2)In response to a subpoena, discovery request, or court order compelling its
production.
New law defines "contact information" as an e-mail address or phone number and provides
that "personally identifiable information" has the same definition as in existing law relative
to student data privacy: information about an individual that can be used on its own or with
other information to identify, contact, or locate a single individual, including information that
can be used to distinguish or trace an individual's identity, such as full name, social security
number, date and place of birth, mother's maiden name, or biometric records, and other
information that is linked or linkable to an individual, such as medical, educational, financial,
and employment information.
Effective Aug. 1, 2020.
(Amends R.S. 44:4.1(B)(9); Adds R.S. 17:3137)