Data and Consumer Privacy

Data and consumer privacy are being regulated inconsistently by the states and there is no uniform federal law addressing the issues. 

In 2019, the Texas legislature passed and the Governor signed HB 4390 requiring businesses operating in Texas to provide notice within 60 days if they experience an online data breach or other unauthorized access of customer’s personal information. This law was effective Jan. 1, 2020.

The law also created the Texas Privacy Protection Advisory Council, which is responsible for conducting a global study of privacy laws related to the protection of identifiable information connected to a specific individual, technological device, or household. The Council must report any recommendations for statutory changes intended to enhance data security to the Texas Legislature no later than Sept. 1, 2020.  

TLTA recommends that title agents and underwriters review their internal procedures and consult with legal counsel to ensure your business is prepared to comply with applicable laws.


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