Texas is the Tenth

Texas is the Tenth State to Pass a Comprehensive Data Privacy Bill: Data Privacy Trends

The phrase “That escalated quickly” no longer seems fast enough! Texas is the tenth state to pass a comprehensive data privacy bill!

According to Hunton Andrews Kurth, the Texas Senate passed HB 4, also known as the Texas Data Privacy and Security Act (“TDPSA”) on May 10th. The TDPSA now heads to Texas Governor Greg Abbott for a final signature. That means Texas is the tenth state to pass a comprehensive data privacy bill and the fifth to either enact or pass one in the last seven weeks!

The final text of the TDPSA closely follows HB 1844, which was introduced in the Texas House in February. In addition to the provisions of HB 1844, the TDPSA:

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  • Revises the definition of personal data to include pseudonymous data only when the data is used by a controller or a processor in conjunction with additional information that reasonably links the data to an identified or an identifiable individual;
  • Adds a requirement that if a controller sells sensitive or biometric data, the controller must disclose that fact in its privacy policy;
  • Requires small businesses, as defined by the United States Small Business Administration, to receive consent from consumers before selling consumers’ sensitive data;
  • Directs the Texas Attorney General to provide (1) information outlining consumer rights and the responsibilities of controllers and processors under the TDPSA, and (2) an Internet mechanism for submitting consumer complaints; and
  • Introduces prescriptive requirements for curing a violation.

If enacted, the TDPSA will take effect on March 1, 2024.

Texas joins Iowa, Indiana, Tennessee and Montana as states that have enacted or passed a data privacy law since late March, with Iowa, Indiana and Tennessee having enacted their bills. New Hampshire and Oklahoma have bills in cross committee, so we could have two more states join the list soon!

So, what do you think? Are you surprised that Texas is the tenth state to pass a comprehensive data privacy bill? Please share any comments you might have or if you’d like to know more about a particular topic.

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