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Louisiana Data Privacy Act (S.B. 386, Act No. 502 of 2026; R.S. 51:1780.1 to 1780.5): profiling opt-out and data protection assessments

Verified Checked against its sources on 3 sources quoted

Jurisdiction
Louisiana
Bill or instrument
S.B. 386 (2026 Regular Session) / Act No. 502
Status
Enacted; takes effect January 1, 2027
Enacted
May 29, 2026
Effective
January 1, 2027
Applies to
Controllers and processors doing business in Louisiana that meet a revenue or volume threshold; GLBA financial institutions and data, HIPAA covered entities and business associates, nonprofits, institutions of higher education and public utilities exempt
Sectors
Cross-sector; financial institutions and GLBA data exempt
Thresholds
Annual gross revenue over $25 million; or personal information of 75,000+ consumers, households or devices a year; or 50 percent or more of annual revenue from selling personal information
Penalties
Remedies under the Unfair Trade Practices and Consumer Protection Law (R.S. 51:1401 et seq.), excluding private rights of action
Enforcement
Attorney General; 30-day notice and cure from January 1 to July 31, 2027

Summary

Louisiana enacted a comprehensive consumer privacy law, the Louisiana Data Privacy Act, as S.B. 386 (Act No. 502 of the 2026 Regular Session), adding Chapter 20-B (R.S. 51:1780.1 to 1780.5) to Title 51. It takes effect on January 1, 2027. It applies to persons doing business in Louisiana with annual gross revenue over $25 million, or that buy, receive, sell or share personal information of 75,000 or more consumers, households or devices a year, or that derive half or more of annual revenue from selling personal information. GLBA financial institutions and data, HIPAA-covered entities, nonprofits, higher education and utilities are exempt. Consumers may opt out of processing for targeted advertising, sale of personal data, and profiling in furtherance of a decision that produces a legal or similarly significant effect. Controllers must conduct and document data protection assessments, including for profiling that presents a reasonably foreseeable risk of unfair or deceptive treatment of, or unlawful disparate impact on, consumers, or of financial, physical or reputational injury; assessments are required for processing from January 1, 2027. The Attorney General enforces the Act; violations are unfair and deceptive trade practices under the Unfair Trade Practices and Consumer Protection Law, without private rights of action, and from January 1 to July 31, 2027, the Attorney General must give 30 days' notice and an opportunity to cure.

Key dates

  1. May 29, 2026Enacted
  2. October 16, 2026Checked against sources
  3. October 21, 2026Checked against sources
  4. January 1, 2027Takes effect

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

  1. CHAPTER 20-B. LOUISIANA DATA PRIVACY ACT

    Supports: Name and codification

    Profiling in furtherance of a decision that produces a legal or

    Supports: Profiling opt-out (continues on the next line: similarly significant effect concerning the consumer)

    The processing of personal data for purposes of profiling, if the

    Supports: Assessment duty for profiling

    Unfair or deceptive treatment of or unlawful disparate impact on

    Supports: Profiling risk triggering an assessment

    Has annual gross revenues in excess of twenty-five million dollars.

    Supports: Revenue threshold

    The attorney general shall enforce the provisions of this Chapter.

    Supports: Attorney General enforcement

    Section 2. This Act shall become effective on January 1, 2027.

    Supports: Effective date

    Act No. 502 of the 2026 Regular Session (S.B. 386), enrolled Louisiana State Legislature Primary source

  2. Signed by the Governor. Becomes Act No. 502.

    Supports: Signing and Act number

    SB386 (2026 Regular Session) bill information Louisiana State Legislature Primary source

  3. On May 29, 2026, Louisiana Governor Jeff Landry signed the Louisiana Data Privacy Act ( SB 386 ) into law.

    Supports: Signing date

    opt out of targeted advertising, the sale of personal data, and profiling in furtherance of a decision that produces a legal or similarly significant effect concerning the consumer

    Supports: Profiling opt-out in full

    Louisiana Enacts Consumer Data Privacy Law Troutman Pepper Locke (Privacy + Cyber + AI blog) Reporting or analysis

Suggested citation. Eminence Scan, “Louisiana Data Privacy Act (S.B. 386, Act No. 502 of 2026; R.S. 51:1780.1 to 1780.5): profiling opt-out and data protection assessments”, Eminence Growth Solutions, last verified October 16, 2026, https://eminencegrowthsolutions.com/tools/eminence-scan/record/state-196/.

Using our research: you may read and quote Eminence Scan with credit to “Eminence Scan, Eminence Growth Solutions” and a link; all other rights reserved. Terms: Using our research.

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