Texas’s data breach notification law was recently amended to require the state’s Attorney General to post notice of data breaches on a public website within 30 days of receiving notice of the data breach. It also requires companies to provide the AG with more information when notifying the AG of a breach.
Under existing Texas law, data breaches that impact 250 or more Texas residents must be reported to the state Attorney General within 60 days of becoming aware of the breach. Such notice currently requires companies to describe the breach, steps taken “regarding the breach,” whether law enforcement was involved, and the number of impacted state residents. Under the amended law, businesses will also be required to report the number of impacted Texans who were sent notice of the breach.
The new amendment also requires the Texas Attorney General to maintain a publicly accessible list of breach notifications submitted to the Attorney General’s Office. Within 30 days of receiving a data breach notification, the Texas AG must post a notice of such breach to their website. In posting such notice, the AG is instructed to exclude reported sensitive personal information, information that may compromise a system’s security or information that is confidential by law. Such notice is to be removed from the website after one year if the business reporting such breach does not report another breach during that period.
Putting it Into Practice: This change means that Texas, like Puerto Rico, will now require the Attorney General to publicly post the breach notices it receives from companies. While other states’ AGs do engage in this practice, it will be mandated under Texas law. Companies should keep this in mind when drafting any potentially required notice to the Texas AG.
Copyright © 2024, Sheppard Mullin Richter & Hampton LLP.
We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins
You are responsible for reading, understanding, and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review - National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2024 National Law Forum, LLC
