State Breach Law

Texas Data Breach Notification Law

Tex. Bus. & Com. Code § 521.053 • Effective 2009-09-01

If your business has a data breach affecting Texas residents, you need to notify them "as quickly as possible" - Texas law requires it without unnecessary delay. If more than 250 Texans are affected, you must also notify the Attorney General. Texas takes data protection seriously, with fines up to $250,000 per breach.

Notification deadline: As quickly as possible, without unreasonable delay

Enforcement: Texas Attorney General

Overview

Texas requires businesses to notify affected residents "as quickly as possible" after discovering a breach involving sensitive personal information. The state also requires businesses to implement reasonable security measures.

Who Must Be Notified

  • • Affected Texas residents
  • • Texas Attorney General (if 250+ residents affected)

Covered Data Types

Social Security number, Driver's license or government ID number, Financial account number with access code, Credit/debit card number, Health information, Biometric data

Notification Requirements

  • • Written or electronic notice to affected individuals
  • • Include description of breach and types of data involved
  • • Provide contact information for the business
  • • Provide contact information for credit reporting agencies
  • • If 250+ affected, notify TX AG within 60 days
  • • Substitute notice allowed if cost exceeds $250,000 or 500,000+ affected

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Exemptions

  • • Encrypted data (if key not compromised)
  • • Data already publicly available
  • • Entities regulated by HIPAA, GLBA (but notification required)

Penalties

Civil penalties: $2,000-$50,000 per violation. AG can seek injunction and recover investigation costs. Maximum penalty of $250,000 per breach.

If You Experience a Breach

  1. 1.

    Document your data security procedures (required)

  2. 2.

    Prepare breach notification templates

  3. 3.

    Know how to report to TX Attorney General

    TX AG Data Breach Report →

  4. 4.

    Implement "reasonable" security measures for personal data

  5. 5.

    Train employees on breach identification and reporting

  6. 6.

    Ensure proper disposal of records containing personal information

Official Source

https://www.texasattorneygeneral.gov/consumer-protection/data-breach-reporting

Other State Breach Laws

New York, Texas, Florida

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