§ 30:2030 — Confidential information; restricted access via the internet

Louisiana § 30:2030

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§2030. Confidential information; restricted access via the internet
A.(1) Department records and information obtained under this Subtitle, or by any
rule, regulation, order, license, or permit term or condition adopted or issued hereunder, or
by any investigation authorized thereby, shall be available to the public, unless nondisclosure
is requested in writing, and such information is determined by the department to require
confidentiality. Such information may be classified as confidential by the department if the
secretary makes a written determination that confidentiality is necessary to:
(a) Prevent impairment of an ongoing investigation or prejudice to the final decision
regarding a violation; or
(b) Protect trade secrets, proprietary secrets and information, and commercial or
financial information.
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection, information
contained in a voluntary environmental self-audit authorized by R.S. 30:2044 shall be held
confidential by the department and shall be withheld from public disclosure until a final
decision is made, or for a period not to exceed two years, whichever occurs first. Any final
decision made by the department shall be public and published on the department's website.
However, nothing in this Paragraph shall prohibit a request for confidentiality pursuant to
Subparagraph (1)(b) of this Subsection. Information that is required to be reported to a state
or federal agency by statute, regulation, or permit, including but not limited to notifications
required by R.S. 30:2025(J), 2060(H), 2076(D), 2183(I), and 2204(A), shall not be held
confidential.
(3) Nondisclosure shall not apply to necessary use by duly authorized officers or
employees of state or federal government in carrying out their responsibilities under this
Subtitle or applicable federal law, and air emission data or discharges to surface and ground
waters and the location and identification of any buried waste materials shall be not
construed as confidential information.
B. The department shall adopt such regulations as are necessary to effectively
implement this Section in strict accordance with the provisions of the Administrative
Procedure Act, R.S. 49:950 et seq.
C. Any employee of the department or any former employee of the department or any
authorized contractor acting as a representative of the secretary or the department who is
convicted of intentional disclosure or conspiracy to disclose trade secrets or other
information which has been determined to be confidential pursuant to regulations applicable
hereto is guilty of a misdemeanor and upon conviction shall be punished by a fine of not
more than one thousand dollars, imprisonment for up to one year, or both.
D.(1) The department shall restrict access to certain security sensitive information
which shall be the same type of information as described in R.S. 44:3.1 for the purpose of
preventing the distribution or dissemination of such information via the Internet by the
department, its employees, or by an authorized contractor acting as a representative of the
secretary or the department. Any information to which access is restricted shall not be
distributed or disseminated via the Internet by the department or its employees, or an
authorized contractor acting as a representative of the secretary or the department. The
department shall adopt such rules and regulations in accordance with the Administrative
Procedure Act as are necessary to fully describe the information to which access is restricted
and to effectively implement this Subsection.
(2) Any employee of the department or any former employee of the department or
any authorized contractor acting as a representative of the secretary or the department who
is convicted of the intentional distribution or dissemination of any information via the
Internet to which access has been restricted pursuant to the provisions of this Subsection is
guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than
one thousand dollars, imprisonment for up to one year, or both.
(3) Nothing in this Subsection shall be construed or interpreted in a manner to
prevent or restrict the intradepartmental transfer or communication of information to be used
in the performance of official duties.

Legislative History

Acts 1979, No. 449, §1, eff. Jan. 1, 1980. Amended by Acts 1981, No. 702, §1, eff. July 23, 1981; Acts 1982, No. 323, §1; Acts 1983, No. 97, §1, eff. Feb. 1, 1984; Acts 1986, No. 347, §1, eff. June 30, 1986; Acts 1993, No. 570, §1; Acts 2004, No. 636, §1, eff. July 5, 2004; Acts 2021, No. 481, §1.