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Can I avoid having a data breach response plan in Texas? What are the requirements?

Data Breach Response Plan Requirements in Texas

Based on the context documents, it is not possible to avoid having a data breach response plan in Texas if you conduct business in the state and own or license computerized data that includes sensitive personal information.

Tex. Bus. & Com. Section 521.053(b) states that “A person who conducts business in this state and owns or licenses computerized data that includes sensitive personal information shall disclose any breach of system security, after discovering or receiving notification of the breach, to any individual whose sensitive personal information was, or is reasonably believed to have been, acquired by an unauthorized person.”

Therefore, it is required by law to have a data breach response plan in place in Texas if you meet the criteria outlined in the statute. The plan should include procedures for notifying affected individuals and the attorney general, as well as measures to restore the reasonable integrity of the data system.

Tex. Bus. & Com. Section 521.053(i) outlines the specific information that must be included in the notification to the attorney general. Additionally, Tex. Bus. & Com. Section 521.053(f) provides alternative methods for giving notice if the cost of providing notice would exceed $250,000, the number of affected persons exceeds 500,000, or the person does not have sufficient contact information.

Tex. Gov’t. Section 2054.516 also requires state agencies implementing an Internet website or mobile application that processes any sensitive personal or personally identifiable information or confidential information to submit a biennial data security plan to the department and subject the website or application to a vulnerability and penetration test.

Tex. Gov’t. Section 2054.1125 requires state agencies that own, license, or maintain computerized data that includes sensitive personal information, confidential information, or information the disclosure of which is regulated by law to comply with the notification requirements of Tex. Bus. & Com. Section 521.053 in the event of a breach or suspected breach of system security or an unauthorized exposure of that information.

Tex. Gov’t. Section 2054.130 requires state agencies to permanently remove data from data processing equipment before disposing of or otherwise transferring the equipment to a person who is not a state agency or other agent of the state.

Therefore, it is important to have a data breach response plan in place and regularly review and update it to ensure compliance with Texas law.

In summary, if you conduct business in Texas and own or license computerized data that includes sensitive personal information, you are required by law to have a data breach response plan in place. The plan should include procedures for notifying affected individuals and the attorney general, as well as measures to restore the reasonable integrity of the data system. Additionally, state agencies are subject to specific requirements for data breach notification, data security plans, and data removal from equipment.

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Source(s):
Jurisdiction

Texas