Health Law Highlights

Is Your Texas Data Protection Assessment Started?

Summary of article from Data Protection Report, by By David Kessler, Annmarie Giblin, Joe McClendon, Susan Ross:

The Texas Data Privacy and Security Act (TDPSA), effective from July 1, 2024, applies to companies conducting business in Texas, processing personal data, and not classified as small businesses. Unlike other state laws, TDPSA requires companies to provide an opt-out option for automated profiling that could significantly impact consumers, such as employment opportunities. The Act mandates “controllers” to conduct a data protection assessment for specific uses of personal data, including sensitive data and profiling activities that pose a risk to consumers. The assessment, which must be available to the Texas Attorney General upon request, should balance benefits against potential risks to consumer rights. Only the Attorney General can enforce the TDPSA, and violations can result in civil penalties up to $7,500 per violation.