§905. Employee access to records
A. Louisiana Works may make available, upon written request by an employee, the
employee's wage and employer information. This information shall be provided to the
employee or his representative, for lending purposes, tenant screening and insurance
underwriting only.
B. Louisiana Works may allow, at the request of the employee, the electronic
transmission of the employee's records, directly or through a qualified third-party vendor as
defined by the administrator. Such records shall be provided only on an individual inquiry
basis and shall not be maintained or reported with other data. Any costs incurred by the
department in providing electronic access to an employee's wage and employment records
to a third party shall be paid entirely by the third party.
C. Louisiana Works shall have the authority to promulgate any rules and regulations
necessary to carry out the provisions of this Section including assurance for the security of
data.
D.(1) Pursuant to this Section, the electronic employment records which Louisiana
Works may make available shall be only those records which would otherwise be available
to the employee who signed a written authorization for those records. Nothing herein shall
authorize any vendor to breach the firewall or secure environment of Louisiana Works'
computer systems.
(2) Data shall be exchanged only under strictly controlled conditions. It shall be
destroyed after all legitimate uses have been made of it. Secondary release of confidential
or privacy-protected data by the vendor for use other than those purposes authorized by this
Section shall be strictly prohibited.
(3) Any violation of this Subsection shall be subject to those same penalties as
provided for in R.S. 23:75(C)(3).
E. Should any lawsuit be filed by a party who has a cause of action based upon the
provisions of this Section, the suit shall name the vendor and suit shall be brought in a state
court of competent jurisdiction and venue. The vendor shall indemnify Louisiana Works of
any damages, including attorney fees and court costs, associated with a cause of action filed
pursuant to this Section, and any associated cost from providing data to a third party vendor
shall likewise be indemnified to Louisiana Works.
Acts 2012, No. 822, §1.