Texans Take Ownership: The Data Privacy and Security Act is Now in Effect

The Texas Data Privacy and Security Act (TDPSA), which went into effect on July 1, 2024, gave Texas individuals more control over their personal information. 

This significant legislation gives Texans the ability to access, update, and remove the data gathered by businesses. 

The TDPSA also requires businesses to use strong data security measures and get consent before processing certain categories of personal information.

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— State Bar of Texas (@statebaroftexas) July 1, 2024

State Officials About The Texas Data Privacy and Security Act

The Texas Data Privacy & Security Act became effective on Monday.

The law has been recognized as a "Historic consumer data privacy and digital transparency measure" by Texas Speaker of the House Dade Phelan and State Rep. Giovanni Capriglione, who drafted House Bill 4, which gave rise to the act.

Rep. Capriglione said that:

"Today is the culmination of a seven-year effort to give Texans control over their data,". For too long, Texans have been subject to security breaches, invasions of privacy, and unfair treatment online with no legal recourse. That ends today.

Our personal data belongs to us, and now Texans have the tools to make informed decisions online and protect their privacy and security. While the Texas Data Privacy and Security Act is already the strongest data privacy law in the nation, it is just the start.”

What is the TDPSA about?

The Texas Data Privacy and Security Act (TDPSA) is a new law that allows Texans to control their personal information. It applies to most firms that collect personal information from Texans, even if they are not headquartered in Texas. 

The law forces corporations to obtain permission before collecting some categories of personal information, such as race or health status. 

Businesses must also allow Texans to see, modify, and remove their personal information. The law does not cover non-profit organizations or business-to-business data collection.

In 2023, the Texas Legislature passed House Bill 4, enacting the Texas Data Privacy and Security Act (“the Act”). This legislation mandates the creation of an online portal by DIR for public feedback and recommendations on the Act.

We are excited to announce that the Public… pic.twitter.com/OnsKdMK11x

— Texas Department of Information Resources (@TexasDIR) June 24, 2024

Texas Data Privacy Law: Key Requirements for Business

The Texas Data Privacy Law (TDPSA) specifies how companies must gather and use personal data from Texas residents.

Businesses can only gather data that is required for the stated purpose and must obtain consent for sensitive data such as fingerprints or face scans.

Businesses must reply to data access requests within 45 days.

Companies that sell personal information must follow special requirements, which include providing consumers with a clear notice and an opt-out choice for targeted advertising.

The law gives firms a 30-day "cure period" to fix shortcomings before facing penalties.

Individual customers have no right to sue businesses for violations.

Texas Took Solid Steps to Ensure Consumer Privacy!

The Texas Data Privacy and Security Act (TDPSA) marks a significant step forward for the state's consumer privacy rights. Residents will have more control over their data now that Texas has joined the increasing list of states enacting such legislation. 

Businesses in Texas, as well as those that serve Texans, must adjust to the new requirements to remain compliant and avoid penalties. You can use PurePrivacy to anonymize your online activities.