Texas Data Privacy and Security Act: Difference between revisions

The TDPSA codified the following privacy rights for Texas residents<ref>[https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint/consumer-privacy-rights/texas-data-privacy-and-security-act Texas Attorney General TDPSA page]</ref>:

* '''Right to Access:''' Individuals have the right to confirm whether a controller is processing their personal data and to access such data.

* '''Right to Correction:''' Individuals may request corrections to inaccuracies in their personal data held by a controller.

* '''Right to Deletion:''' Individuals have the right to request the deletion of personal data collected by or provided to a controller.

* '''Right to Data Portability:''' Individuals can obtain a copy of their personal data in a readily usable and transferable format.

* '''Right to Opt-Out:''' Individuals may opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling that produces significant legal effects.

The TDPSA imposes various obligations on data controllers and processors<ref>[https://www.fisherphillips.com/en/insights/insights/faqs-businesses-texas-data-privacy-law Fisher Phillips FAQ]</ref>

<ref>[https://www.cliffordchance.com/insights/resources/blogs/talking-tech/en/articles/2023/12/the-texas-data-privacy-law-an-overview.html Clifford Chance overview]</ref>, including:

* Limiting data collection to what is adequate, relevant, and reasonably necessary for processing purposes.

* Implementing reasonable administrative, technical, and physical data security practices.

* Providing a clear and accessible privacy notice that outlines data collection and processing practices.

* Conducting and documenting data protection assessments for high-risk processing activities.

* Ensuring contracts between controllers and processors include specific provisions governing personal data handling.

The Texas Attorney General holds exclusive enforcement authority under the TDPSA. Entities found to be in violation are subject to civil penalties of up to $7,500 per violation. Prior to enforcement, the Attorney General may grant a 30-day cure period for organizations to remedy identified violations.<ref>[https://www.consumerprivacyact.com/texas-data-privacy-and-security-act-tdpsa/ Consumer Privacy Act TDPSA overview]</ref>

 

[[Category:US legislation]]