The Eyes (And Privacy Laws) Of Texas Are Upon You…

Texas legislature has introduced not one, but two separate bills relating to the privacy of personal information. Although still in their nascent stages, both bills are following California’s lead in creating enhanced and stringent privacy protections for individual consumers.

In terms of who must comply with the law, the TPPA would only apply to for-profit businesses that: (1) do business in Texas, (2) have more than 50 employees [but the employees do not have to reside or work in Texas], (3) collects the personal identifying information of more than 5,000 individuals, households, or devices or has that information collected on the business’s behalf, and (4) either (A) has annual gross revenue in an amount that exceeds $25 million; or (B) derives 50 percent or more of the business’s annual revenue by processing personal identifying information.

Most categories of PII are covered under the TPPA, but there are exemptions for publicly available information, information covered under certain federal or Texas statutes (HIPAA, the Texas Medical Records Privacy Act, GLBA, the Fair Credit Reporting Act and FERPA), information collected solely to facilitate the transmission/routing of PII between or amongst businesses, and PII transmitted to and from the individual to whom the PII relates if the collector of the information does not access, review, or modify the content of the information, or otherwise perform or conduct any analytical, algorithmic, or machine learning processes on the information.


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