Tex. Bus. & Com. Code § 509.002

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 509.002 - [Multiple versions] Applicability To Certain Data

(a) Except as provided by Subsection (b), this chapter applies to personal data from an individual that is collected, transferred, or processed by a data broker.

(b) This chapter does not apply to the following data:

(1) deidentified data, if the data broker:

(A) takes reasonable technical measures to ensure that the data is not able to be used to identify an individual with whom the data is associated;

(B) publicly commits in a clear and conspicuous manner:

(i) to process and transfer the data solely in a deidentified form without any reasonable means for reidentification; and

(ii) to not attempt to identify the information to an individual with whom the data is associated; and

(C) contractually obligates a person that receives the information from the provider:

(i) to comply with this subsection with respect to the information; and

(ii) to require that those contractual obligations be included in any subsequent transfer of the data to another person;

(2) employee data;

(3) publicly available information;

(4) inferences made exclusively from multiple independent sources of publicly available information that do not reveal sensitive data with respect to an individual; or

(5) data subject to Title V, Gramm-Leach-Bliley Act (15 U.S.C. Section 6801 et seq.).

Tex. Bus. and Comm. Code § 509.002

Added by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 963,Sec. 1, eff. 9/1/2023, app. to the collection, processing, or transfer of personal data by a data broker on or after December 1, 2023.