The Texas legislature has passed the Texas Data Privacy and Security Act, which will now head to the desk of the state governor, Greg Abbott, who is expected to sign the Act into law. Comprehensive data privacy laws are already in effect in California and Virginia, and Colorado, Connecticut, and Utah will see their data privacy laws start to be enforced later this year. Data privacy laws have also been passed in Indiana, Iowa, Florida, Montana, Tennessee, and Washington this year.
The Texas Data Privacy and Security Act adopts a broad definition of personal data, which is any information that is linkable or reasonably linkable to an individual, including pseudonymous information that could be combined with other information to allow an individual to be identified. The law will apply to any person that conducts business in the state of Texas that provides products or services that are consumed by Texas residents that process or engage in the sale of personal data. ‘Sale’ covers disclosures of personal data for monetary gain or other valuable consideration.
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