Navigating the Texas Data Privacy and Security Act: Insights from the Attorney General’s New Resource

July 10, 2024

Privacy Plus+

Privacy, Technology and Perspective

This week, let’s return from the holiday to highlight a new resource published by the Office of the Attorney General on the Texas Data Privacy and Security Act (“TDPSA”), Tex. Bus. & Com. Code Ann. § 541.001 et seq.

Background:

The TDPSA is Texas’s new consumer privacy law. It took effect on July 1, 2024 (though the related opt-out mechanism requirements won’t take effect until January 1, 2025). We have previously written about its requirements, and you can read that post by clicking on the following link:

https://www.hoschmorris.com/privacy-plus-news/texas-data-privacy-and-security-act

Texas OAG Publishes a New Resource:

On July 1st, the Office of the Attorney General published a new resource that concisely covers the TDPSA. The new resource aims to provide clear guidance on the various aspects of the TDPSA, including consumer rights, business obligations, and enforcement mechanisms. You can review the OAG’s publication by clicking on the following link:

https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint/consumer-privacy-rights/texas-data-privacy-and-security-act

Our Thoughts:

The OAG’s guide will be useful for businesses seeking to comply with the new law and for consumers who want to understand their rights under Texas’s privacy framework.

In addition to summarizing the key provisions of the TDPSA, the resource includes practical tips for businesses on implementing the necessary compliance measures. It also outlines the steps consumers can take to exercise their privacy rights, such as opting out of data sales and requesting access to their personal data.

We encourage our readers to review this resource and stay informed about their rights and responsibilities under the TDPSA. Recently, the OAG has been making some surprising moves related to privacy (for an example, read our last post, entitled “Texas Attorney General Signals Enforcement of Data Broker Registration Law”). It’s going to be interesting to see how and when that office chooses to enforce this new law.

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Hosch & Morris, PLLC is a boutique law firm dedicated to data privacy and protection, cybersecurity, the Internet, and technology. Open the Future℠.

 

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