By: Linda Goodman
Texas Attorney General announced this week that he established a team that will focus on enforcing Texas privacy laws. According to Ken Paxton’s office, this team will ensure companies respect Texans’ privacy rights and safeguard their personal data. “Any entity abusing or exploiting Texans’ sensitive data will be met with the full force of the law. Companies that collect and sell data in an unauthorized manner, harm consumers financially, or use artificial intelligence irresponsibly present risks to our citizens that we take very seriously,” Paxton said in a Tuesday statement.
Translation for businesses, Texas new data privacy team is coming for you and will focus on enforcing Texas’ privacy protection laws like the Data Privacy and Security Act, which was approved last year. The new law requires all businesses to obtain users’ affirmative consent before processing their sensitive personal data. Sensitive personal data is defined as a consumer’s racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexuality, citizenship or immigration status, genetic or biometric data, children’s data, and precise geolocation data. The TXDPSA provides an “opt-in” regime with respect to the processing of sensitive data where controllers may not process a consumer’s sensitive data “without obtaining the consumer’s consent.”
Do not think they are bluffing – this follows the Attorney General’s pattern of filing lawsuits against tech giants related to these issues in the last few years. In 2022, the Texas AG sued Meta, Facebook’s parent company, for allegedly using unauthorized biometric data. Paxton’s office accused Meta of storing millions of biometric identifiers contained in users’ photos and videos, often without consent, and illegally exploiting the personal information of users and non-users. This lawsuit was brought under Texas’ 2009 biometric privacy law, according to law firms tracking the litigation. A provision of the law provides damages of up to $25,000 per violation. It is rumored to have settled with an announcement shortly.
The Texas Attorney General also sued Google in 2022, accusing the company of illegally collecting and indefinitely storing information about Texans’ facial geometry and voiceprints without their consent, regardless of whether they are Google users. It also alleges that Google violated the Texas Deceptive Trade Practices-Consumer Protection Act for deceptively tracking users’ location without their consent. This matter is still pending.
Be sure that if your business collects Texas resident personal data, your collection practices conform with the Texas Deceptive Trade Practices-Consumer Protection Act and the Texas Data Privacy and Security Act which will take effect on July 1, 2024.
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This article is a publication of The Goodman Law Firm and is intended to provide information on recent legal developments. This article does not create an attorney-client relationship, nor should it be construed as legal advice or an opinion on specific situations. This may constitute “Attorney Advertising” under the Rules of Professional Conduct and under the law of other jurisdictions.
Linda L. Goodman is the founder of The Goodman Law Firm, concentrating its practice in internet business and law. Her firm’s clients include Advertisers, Affiliates, Affiliate Networks, and ISP’s.
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