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Texas Data Breach Statute


Tex. Bus. & Com. Code §§ 521.002, 521.053, 521.151

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Notification Required


As quickly as possible



More Details

Scope of this Summary Notification requirements applicable to persons who conduct business in Texas and that own, license or maintain covered info associated with any individual (whether or not they are a Texas resident). Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or government-issued identification number; account, credit or debit card number in combination with any required security or access code, or password that would permit access to an individual's financial account.

Information that identifies an individual and relates to: their physical or mental health or condition; the provision of health care to them; or their payment for the provision of health care.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted, so long as encryption key was not accessed or acquired.
Breach Defined Unauthorized acquisition that compromises the security, confidentiality or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Consumer Notice Timing: Must be made as quickly as possible, except as necessary to determine the scope of the breach and restore the reasonable integrity of the system.

Method: By written notice or electronic notice if consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines notice may impede a criminal investigation.
Consumer Agency Notice If more than 10,000 persons are notified, must notify all nationwide CRAs without unreasonable delay of timing, distribution and content of the consumer notice.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach.
Potential Penalties Violations may result in civil penalties.


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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on March 26, 2018