La. Admin. Code tit. 55 § III-561

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-561 - Contracts

A. The department may enter into contracts for the sale of personal information if the requested disclosure is a permitted disclosure or a required disclosure.

1. All contracts for individuals' records or the personal information contained in the individuals' records shall contain all of the requirements contained in §561

2. Any contract not meeting the requirements of §561 shall be of no effect and shall establish no obligation on the department to comply with the terms of such contract.

1. Such contracts may include the sale and disclosure of such information through electronic or online means.

2. Such contracts shall allow the requester continual access to the department's records during the period of the contract condition upon the requester making timely payment of all fees and costs due under the contract as well as all fees and costs required by state law or Subchapter B.

C. All contracts shall contain the following requirements:

1. all contracts shall be for a specified term not exceeding one year, except that a contract may provide for a renewal term on the anniversary date of the contract:

a. the anniversary date shall be one year from the commencement date of the contract as required in §561, and thereafter annually on that date for the life of the contract;

b. there shall be no more than five renewal terms;

c. the contract shall provide that in the case of automatic renewal terms, the department shall be given the option of canceling the contract upon 30 days written notice to all parties to the contract;

d. the contract shall specify the commencing date for the initial term and the ending date for the initial term;

2. the failure to make a payment when due may be grounds to terminate the contract upon 30 days written notice to all parties to the contract;

3. the contract shall be subject to termination if any part of the contract is contingent on the appropriation of funds to fulfill any part of the contract, and if the legislature fails to appropriate sufficient funds for the continuation of the contract or if the appropriation is reduced by the veto of the governor, or if the appropriation is reduced by any other means authorized by law;

4. the records or personal information obtained pursuant to a contract shall not be resold or redisclosed by the requester accept as expressly authorized in the contract. A violation of this §561. C.4 may serve as grounds for the immediate termination of the contract. Any person whose contract is terminated pursuant to this §561. C.4 shall not be eligible to enter into any subsequent contract pursuant to §561 for a period of five years except upon a waiver by the assistant secretary after a showing of good cause by the person so disqualified;

5. any resale or redisclosure authorized pursuant to a contract shall be only for the purposes defined as permitted disclosures in Subchapter B;

a. any authorized recipient who resells or rediscloses records or personal information shall keep records of such resale or redisclosure for a five-year period from the date of the resale or redisclosure;

b. such records shall include the following information on persons to whom a resale or redisclosure is made and the records or information that was resold or redisclosed:

i. the full name of the person including any trade names or aliases;

ii. the complete physical and mailing addresses of the person;

iii. the name of an individual as a contact person if the person to whom the resale or redisclosure was made is a business entity;

iv. the telephone number including area code of the person;

v. a description of the records or personal information resold or redisclosed of sufficient detail as to allow the identification of those individuals whose records or personal information was resold or redisclosed; and

vi. the permitted purpose for which the information will be used;

a. in the case of records or personal information disclosed electronically or through an online service, the authorized recipient shall use only equipment approved by the department and in locations approved by the department;

b. the authorized recipient shall submit a written plan to the department which shall provide for the security and the integrity of the records and personal information received pursuant to the contract;

c. the authorized recipient shall implement the plan as approved by the department with any amendments prior to receiving any records or personal information from the department;

7. the authorized recipient shall develop and implement a plan to insure that the employees, agents, and representatives of the authorized recipient are familiar with the requirements of the DPPA and the rules in Subchapter B;

8. the authorized recipient shall not acquire title, ownership, or any other interest in the records and personal information received pursuant to the contract except that the authorized agent may use, resell, or redisclose the information as authorized in the contract, the DPPA, and Subchapter B;

a. the authorized recipient shall promptly notify the assistant secretary or his designee of any possible violation of the DPPA, Subchapter B, or the contract entered into pursuant to §561;

b. the authorized recipient shall cooperate with the department in any legal action to stop or prevent any violation of the DPPA or Subchapter B;

10. no authorized recipient shall be granted:

a. a right of exclusive use of any record or personal information; or

b. an exclusive right to resell or redisclose records for any permitted purpose;

11. the applicable law for the contract shall be the law of Louisiana;

12.

a. the authorized recipient shall keep its records regarding the contract in Louisiana in a location approved by the assistant secretary and, upon the request of any authorized representative of the department, shall promptly make the records available if the records are not currently in use;

b. in no event shall the records be produced later than one business day after receipt of the request;

c. an authorized representative of the department may conduct an audit of the authorized recipient records at least once a year;

d. an authorized representative of the department shall be authorized to conduct an inspection of any premises of the authorized recipient used in connection with the contract or where the authorized recipient's records are stored. Such an inspection shall be during the normal business hours of the department unless the parties agree otherwise;

13. the contract shall include any other provisions required by the assistant secretary, and such provision shall be enforceable in the same manner as if such provision were included in §561

La. Admin. Code tit. 55, § III-561

Promulgated by the Department of Public Safety and Corrections, Office of Motor Vehicles, LR 23:993 (August 1997).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:401 et seq., and R.S. 32:853.