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Can I collect browser information from participants in Texas? What are the requirements?

Based on the Tex. Gov’t. Section 2054.134, each state agency that maintains a generally accessible Internet website or for which a generally accessible Internet website is maintained shall ensure that the website is compatible with the most recent version of each Internet browser listed by the department as required under Subsection (b). The department shall identify the three most commonly used Internet browsers and post a list containing those browsers in a conspicuous location on the department’s Internet website. The department shall biennially review and, if necessary, update the list required under this subsection. Therefore, you can collect browser information from participants in Texas, but you must ensure that your website is compatible with the most recent version of each Internet browser listed by the department as required under Subsection (b) of Tex. Gov’t. Section 2054.134 [2.1]. However, you must also ensure that you comply with the relevant laws and regulations regarding the collection, use, and disclosure of personal information in Texas. For instance, you must implement and maintain reasonable security procedures and practices designed to protect any covered information from unauthorized access, deletion, use, modification, or disclosure [3.1]. Additionally, you may not use the collected information for targeted advertising or create a profile about a student unless the profile is created for a school purpose [3.2]. You may use or disclose covered information for a school purpose, legal and regulatory compliance, protection against liability, response to or participation in the judicial process, or a legitimate research purpose [3.4]. If you contract with a third party to provide a service for a school purpose, the contract must prohibit the third party from using any covered information for any purpose other than providing the contracted service, and you must require the third party to implement and maintain reasonable procedures and practices designed to prevent disclosure of covered information [3.4].

Source(s):
Jurisdiction

Texas