December 1, 2021

Volume XI, Number 335

Advertisement
Advertisement

December 01, 2021

Subscribe to Latest Legal News and Analysis

November 30, 2021

Subscribe to Latest Legal News and Analysis

November 29, 2021

Subscribe to Latest Legal News and Analysis

Texas Joins Other States with New Texas Data Breach Notification Requirement: Is This a New Trend?

The Texas Legislature, which meets every other year, pushed a change to its data breach notification law at the end of the session in late May, and yesterday Governor Greg Abbott signed the bill into law.  It follows a growing trend of changes to privacy and cybersecurity laws at the state level.

Texas House Bill 3746 will amend Texas Business and Commerce Code § 521.053, which requires notifications to individuals and the Texas Attorney General following certain data breaches.  The amendment adds a requirement for the Texas Attorney General to post on its website a listing of data breach notifications received, when a breach involves 250 or more Texas residents. California has a similar requirement, although it is for breaches affecting 500 or more residents.

Specifically, the Texas amendment would require the Texas Attorney General to:

  • Post on the Attorney General’s public website a listing of notifications received, excluding any sensitive personal information, any information that may compromise a data system’s security, and any other information reported to the Attorney General that is made confidential by law;

  • Maintain an updated listing on the website, and update the list no later than every 30 days; and

  • Remove data no later than one year following the date it was added, unless the entity notified the Attorney General of additional incidents.

The amendment also now requires that entities reporting a breach to the Texas Attorney General provide the number of Texas residents receiving notification of the breach, in addition to the current requirements of:

  • A detailed description of the nature and circumstances of the breach or the use of sensitive personal information acquired as a result of the breach;

  • The number of residents affected by the breach;

  • The measures taken by the person regarding the breach and any measures the person intends to take regarding the breach after notification; and

  • Information regarding whether law enforcement is engaged in investigating the breach.

The Texas amendment may indicate a growing trend towards increased information sharing in an effort to prevent future data breaches. On the federal level, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) has implemented several programs in the past year to promote information sharing and awareness.  “Information sharing is essential to the protection of critical infrastructure and to furthering cybersecurity for the nation. As the lead federal department for the protection of critical infrastructure and the furthering of cybersecurity, the CISA has developed and implemented numerous information-sharing programs. Through these programs, CISA develops partnerships and shares substantive information with the private sector, which owns and operates the majority of the nation’s critical infrastructure. CISA also shares information with state, local, tribal, and territorial governments and with international partners, as cybersecurity threat actors are not constrained by geographic boundaries”, CISA states. More information on CISA information sharing and awareness programs is available here.

The updated Texas law will take effect September 1, 2021.  With no shortage of large-scale breaches and heightened public awareness across the nation, organizations regardless of jurisdiction are advised to evaluate and enhance their data breach prevention and response capabilities.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 166
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Principal

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm's Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and...

973- 538-6890
Jason C. Gavejian, Employment Attorney, Jackson Lewis, Principal, Restrictive Covenants Lawyer
Principal

Jason C. Gavejian is a Principal in the Morristown, New Jersey, office of Jackson Lewis P.C. and a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

Mr. Gavejian represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination and wage and hour claims in both federal and state courts. Additionally, Mr. Gavejian regularly appears before administrative agencies,...

(973) 538-6890
Rachel Ehlers Data Privacy Cybersecurity Lawyer
Of Councel

Rachel E. Ehlers is Of Counsel in the Austin, Texas, office of Jackson Lewis P.C. She specializes in corporate governance and internal investigations, data privacy and cybersecurity, and workplace training. She has served in multiple in-house legal and compliance roles, in all sizes of companies—from startups to Fortune 500 companies.

Ms. Ehlers has extensive experience conducting internal investigations, as well as advising companies on government investigations involving harassment and discrimination, Code of Conduct violations, anti-bribery, including the...

512-362-7409
Attorney

Maya Atrakchi is the Knowledge Management (“KM”) Attorney for Jackson Lewis P.C.’s Privacy, e-Communication and Data Security and International Employment Issues Practice Groups, and is based in the New York City, New York, office of Jackson Lewis P.C.

212-545-4000
Advertisement
Advertisement
Advertisement