Sweeping Privacy Changes Stall In The Lone Star State

Jackson Lewis P.C.
Contact

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 Texas Privacy Protection Act, started as a comprehensive consumer privacy bill, with parts similar to the European Union’s GDPR and California’s Consumer Protection Act. However, through multiple amendments and dilutions, what was left were essentially two things:

The general updates to the TITEPA include:

  • Requirement that affected individuals be notified within 60 days after the breach. This replaces the current language in the statute “as quickly as possible”; and
  • Requirement that the business experiencing the breach notify the state Attorney General if the breach affected at least 250 Texas residents.

These provisions will become effective January 1, 2020.

The Council will study other state and global data privacy laws in advance of the next legislative session and make recommendations. They will present their findings on or before September 1, 2020, and these recommendations will likely form the basis for consumer privacy legislation when the Texas Legislature reconvenes in January 2021.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jackson Lewis P.C. | Attorney Advertising

Written by:

Jackson Lewis P.C.
Contact
more
less

Jackson Lewis P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.