With the Texas Data Privacy and Security Act (TDPSA) on the verge of taking effect on July 1, 2024, the State’s Attorney General, Ken Paxton, recently launched an initiative for “aggressive enforcement of Texas privacy laws.” As part of the initiative, Paxton has established a team that will focus on the enforcement of Texas’
Texas
Lone Star State Enacts Consumer Privacy Law
Posted in Consumer Privacy
On June 18, 2023, Texas’ Governor signed House Bill (HB) 4 which enacts the Texas Data Privacy and Security Act. Texas joins California, Colorado, Connecticut, Indiana, Iowa, Montana, Tennessee, Utah, and Virginia in enacting a comprehensive consumer privacy law. Most of the sections of the law are…
Data Protection Update: Q3 Noteworthy Dates
By Mary T. Costigan & Melissa Pascualini on
Posted in Data Privacy
FTC Safeguards Law (and Car Dealerships)
June 9th marked the deadline for financial institutions, including certain non-banking institutions that collect or maintain sensitive customer information (e.g., car dealerships), to implement a comprehensive information security program to comply with the Federal Trade Commission’s updated Safeguards Rule. For additional information, see our post: Reminder: The …
Texas Tightens State’s Data Breach Notification Law
Posted in Data Breach Notification
On May 27, 2023, Texas’ Governor signed Senate Bill 768 amending Texas’ data breach notification law. The law in question, Section 521.053 of the Texas Business and Commerce Code, sets out the specific requirements any person conducting business in the state who owns or licenses sensitive personal information in a computerized format must follow in…
Texas Joins Other States with New Texas Data Breach Notification Requirement: Is This a New Trend?
The Texas Legislature, which meets every other year, pushed a change to its data breach notification law at the end of the session in late May, and yesterday Governor Greg Abbott signed the bill into law. It follows a growing trend of changes to privacy and cybersecurity laws at the state level.
Texas House Bill…
Sweeping Privacy Changes Stall in the Lone Star State
By Rachel E. Ehlers on
Per our earlier blog post, Texas was ambitious this legislative session when it proposed two consumer data privacy bills. Both bills made it through committee hearings, but only one made it to the governor’s desk for signature: HB 4390. However, even it arrived there very different than originally drafted.
HB 4390, dubbed the…
Will Texas Soon Join the Ranks of States Enacting Privacy Legislation?
By Rachel E. Ehlers on
Posted in California Consumer Privacy Act, Consumer Privacy
Texans like the adage “Everything is Bigger in Texas”. So, as the Lone Star State follows its counterparts and the federal government in discussing broad sweeping privacy protections, legislators introduced two (competing) privacy bills this session: the Texas Consumer Privacy Act and the Texas Privacy Protection Act.
Readers should note that the 2019 Texas…
Texas Amends the Effects of its Data Breach Law on Out-of-State Residents
By Joseph J. Lazzarotti on
Texas amends its data breach notification statute and the law’s effects on persons out of state.
Continue Reading Texas Amends the Effects of its Data Breach Law on Out-of-State Residents
Employee’s Failure to Understand Facebook’s Settings Does Not Support Privacy Claim Against Employer
By Joseph J. Lazzarotti on
Posted in Social Networking
Employee’s intrusion upon seclusion claim fails despite argument that he did not realize his employer could view the Facebook posts he made to a co-worker’s Facebook wall.
Continue Reading Employee’s Failure to Understand Facebook’s Settings Does Not Support Privacy Claim Against Employer
Don’t Mess With Texas–Amended Law Imposes Breach Notification Obligations In All 50 States
By Jason C. Gavejian on
Posted in Data Security
In a novel approach to data breach notification requirements, Texas has amended its breach notification law (Business & Commerce Code, Section 521.053) to require notification to residents of not only Texas, but to residents of each of the 50 states. The amendment becomes effective September 1, 2012, and applies to “all persons who conduct business …