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Texas's Identity Theft Enforcement and Protection Act requires any entity conducting business in the Lone Star state to inform its customers when their data is compromised in a data breach. Businesses can be fined up to $250,000 for data breaches.
For larger data breaches (those involving more than 10,000 consumers), a business has to inform consumer reporting agencies as well.
Name of Law / Statute
Identity Theft Enforcement and Protection Act
Definition of Protected Information
Combination of (1) name or other identifying info, PLUS (2) one or more of these "data" elements: SSN; driver's license number; or account number, credit card number, debit card number if accompanied by PIN, password, or
access codes, PLUS + mother’s maiden name, telecommunication access device and unique biometric data, health and medical info (incl. mental condition), and health payment history
Who Is Subject to Law?
Any person or business conducting business in the state who licenses or owns PI
Notification of Consumers?
By what means?
Written or electronic; if >10k residents, must notify consumer reporting agencies
Substitute Notice Threshold?
If cost of notice >$250,000 or involves >500k residents
Notification of authorities / regulators required?
$100/person/day, up to $250k/breach
Credit monitoring requirement?
Private lawsuits allowed?
Private damages cap?
Regulatory actions allowed?
HIPAA Compliance exemption?
Other (e.g., timeframe)
Law does not apply if PI was encrypted (unless encryption was compromised)
Link to complete law
Texas' data breach law
Read the full text of Texas’s data breach law to learn more.