§1762. Prohibitions; data collection; targeted advertising
NOTE: Subsection (A) (introductory paragraph) eff. until July 1, 2026. See Acts 2025, No.
481, §4.
A. As used in this Chapter, the following terms have the following meanings:
NOTE: Subsection (A) (introductory paragraph) as amended by Acts 2025, No. 481, §4, eff.
July 1, 2026.
A. As used in this Part, the following terms have the following meanings:
(1)"Account holder" means a person who has, or opens, an account or profile to use
a social media company's platform and who is a resident of this state, including a minor
account holder.
(2)"Application" means a software application or electronic service that may be run
or directed by a user on a computer, a mobile device, or any other general purpose computing
device.
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§1762. Prohibitions; data collection; targeted advertising
NOTE: Subsection (A) (introductory paragraph) eff. until July 1, 2026. See Acts 2025, No.
481, §4.
A. As used in this Chapter, the following terms have the following meanings:
NOTE: Subsection (A) (introductory paragraph) as amended by Acts 2025, No. 481, §4, eff.
July 1, 2026.
A. As used in this Part, the following terms have the following meanings:
(1) "Account holder" means a person who has, or opens, an account or profile to use
a social media company's platform and who is a resident of this state, including a minor
account holder.
(2) "Application" means a software application or electronic service that may be run
or directed by a user on a computer, a mobile device, or any other general purpose computing
device.
(3) "Child", unless otherwise specified, means a consumer who is under sixteen years
of age.
(4) "Minor" means an individual under circumstances where a social media platform
has actual knowledge that the individual is under the age of eighteen and is not emancipated
or married.
(5) "Minor account holder" means an account holder who is a minor.
(6) "Online service, product, or feature" does not mean any of the following:
(a) Internet access and broadband service.
(b) A telecommunications service, as defined in 47 U.S.C. 153.
(c) The delivery or use of a physical product.
(7) "Resident" means an individual who currently resides in this state.
(8) "Sensitive personal data" means data collected directly from an account holder
online that provides any of the following:
(a) Information that reveals any of the following about the account holder:
(i) Racial or ethnic origin.
(ii) Religious beliefs.
(iii) Gender.
(iv) Citizenship or immigration status.
(b) Information regarding an individual's medical history, mental or physical health
condition, or medical treatment or diagnosis by a healthcare professional.
(c) Genetic personal data or biometric data, if the processing is for the purpose of
identifying a specific account holder.
(d) Specific geolocation data.
(9) "Social media platform" has the same meaning as provided for in R.S. 51:1751.
(10)(a) "Targeted advertising" means displaying an advertisement to an account
holder where the advertisement is selected based on personal data obtained from the account
holder's activities over time and across nonaffiliated websites or online applications to
predict the account holder's preferences or interests.
(b) "Targeted advertising" does not include any of the following:
(i) Advertising based on an account holder's activities within a controller's website
or online application or any affiliated website or online application.
(ii) Advertising based on the context of an account holder's current search query or
visit to a website or online application.
(iii) Advertising directed to an account holder in response to the account holder's
request for information, products, services, or feedback.
(iv) Processing personal data solely to measure or report on advertising performance,
advertising reach, or advertising frequency or the prevention of fraud and abuse.
B.(1) Any social media platform with more than one million account holders globally
that is operating in this state is prohibited from displaying targeted advertising at a minor
account holder.
(2) Any social media platform with more than one million account holders globally
that is operating in this state is prohibited from selling sensitive personal data of a minor
account holder.
C. Nothing in this Section prohibits a social media platform from doing any of the
following:
(1) Allowing user-generated content to appear in a chronological manner for a minor
account holder.
(2) Displaying user-generated content that has been selected or followed by a minor
account holder.
(3) Providing search results to a minor account holder, if the search results are in
response to a specific and immediately preceding query by the account holder.
D. If a social media platform makes reasonable efforts to determine whether an
account holder is a resident, a social media platform will not be liable for data processing
undertaken for that purpose or for an erroneous determination with respect to residency.
E. If a social media platform chooses to conduct age estimation to determine which
users are under eighteen, the social media platform will not be liable for data processing
undertaken during the period in which it is estimating age or for an erroneous estimation or
for data processing in the absence of reasonable evidence that the account holder is a minor.