Terms Used In Louisiana Revised Statutes 51:1954

  • Educational institution: means a public or private educational institution or a separate school or department of a public or private educational institution and includes but is not limited to the following:

    (a)  A university, college, or junior college. See Louisiana Revised Statutes 51:1952

  • Electronic communications device: means any device that uses electronic signals to create, transmit, and receive information, including a computer, telephone, personal digital assistant, or other similar device. See Louisiana Revised Statutes 51:1952
  • Personal online account: means an online account that the employee, applicant for employment, student, or prospective student uses exclusively for personal communications unrelated to any business purpose of the employer or educational institution. See Louisiana Revised Statutes 51:1952

A.  An educational institution shall not do any of the following:

(1)  Request or require a student or prospective student to disclose any username, password, or other authentication information that allows access to the student’s or prospective student’s personal online account.

(2)  Expel, discipline, fail to admit, or otherwise penalize or threaten to penalize a student or prospective student for failure to disclose any information specified in this Subsection.

B.  An educational institution shall not be prohibited from requesting or requiring a student or prospective student to disclose any username, password, or other authentication information to the educational institution to gain access to or operate any of the following:

(1)  An electronic communications device paid for or supplied in whole or in part by the educational institution, except where the device has been provided to the student or prospective student with the intent to permanently transfer ownership of the device to the student or prospective student.

(2)  An account or service provided by the educational institution that is either obtained by virtue of the student’s or prospective student’s admission to the educational institution or used by the student or prospective student for educational purposes.

C.  An educational institution shall not be prohibited from doing any of the following:

(1)  Viewing, accessing, or utilizing information about a student or prospective student that can be obtained without the information specified in Paragraph (A)(1) of this Section or that is available in the public domain.

(2)  Restricting or prohibiting a student’s or prospective student’s access to certain websites while using an electronic communications device paid for or supplied in whole or in part by the educational institution  or while using an educational institution’s network or resources, in accordance with state and federal law, except where the device has been provided to the student or prospective student with the intent to permanently transfer the ownership of the device to the student or prospective student.

D.  Nothing in this Section shall be construed to prohibit or restrict a student or prospective student from self-disclosing any username, password, or other authentication information to the educational institution that allows access to the student’s or prospective student’s personal online account.

Acts 2014, No. 165, §1.

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