Texas Moves Forward With Updates to Breach Notification Law

guest · Jun 12, 2019

Texas Moves Forward With Updates to Breach Notification Law
June 10, 2019
https://www.dataprivacymonitor.com/...cy-council-to-study-data-privacy-legislation/

Texas is one of the many states that looked to be following in the footsteps of California’s enactment of a broad consumer privacy law (the California Consumer Privacy Act)
Updates to Texas breach notification requirements
HB 4390 updates the timing to provide individual notice of a breach and adds a requirement to notify the attorney general of a breach.

The bill also adds a requirement to notify the Texas attorney general of a breach affecting at least 250 Texas residents. The notification must similarly be provided “not later than the 60th day after the date on which the person determines that the breach occurred.”
[...] This portion of the bill goes into effect at the beginning of next year, Jan. 1, 2020.
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guest · Jun 22, 2021

Texas Amends Breach Notification Law to Require Public Reporting of Breach Notices
June 17, 2021
https://www.huntonprivacyblog.com/2...o-require-public-reporting-of-breach-notices/

On June 14, 2021, Texas Governor Greg Abbott signed HB 3746, a bill amending Texas’s data breach notification law.
Texas’s breach notification law requires notice to affected residents in the event of a data breach affecting certain sensitive personal data, including Social Security numbers, driver’s license or other government-issued ID numbers, account numbers or payment card numbers in combination with any required security code, access code or password, or certain information about an individual’s health or medical condition or treatment.
The law also requires businesses to notify the Texas Attorney General of any data breach affecting at least 250 Texas residents.

HB 3746 amends the content requirements for breach notifications to the Attorney General to include a requirement that businesses report “the number of affected residents that have been sent a disclosure of the breach by mail or other direct method of communication at the time of [AG] notification.”
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Separately, HB 3746 also creates a new public notification requirement for the Attorney General, who is now charged with maintaining a publicly accessible list of breach notifications submitted to the Attorney General’s Office.
The amendments in HB 3746 take effect September 1, 2021.
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