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

Based on the provided documents, there are specific requirements and restrictions on collecting personal information in Texas.

Requirements for Collecting Personal Information in Texas

Driver Record Information

If you are collecting driver record information in Texas, you must follow the requirements outlined in [1.3]" >37 TXAC 15.148 for individual requests and [1.4]" >37 TXAC 15.141 for bulk requests.

For individual requests, you must use the department-approved forms and provide all required information and certification to the statutory requirements granting access. If the department determines that you have violated this certification, you will be ineligible to receive driver record information.

For bulk requests, you must sign a written agreement with the department, and the terms of the agreement must be strictly adhered to. Any violation of any clause or term of the agreement will result in the termination of the agreement and the loss of your ability to receive driver record information from the department.

Health Information

If you are collecting individually identifiable health information in Texas, you must follow the requirements outlined in [2.1]" >40 TXAC 71.302 for the right of access to your individually identifiable health information, [2.2]" >40 TXAC 71.306 for requests for further limits on uses and disclosures of individually identifiable health information, [2.3]" >40 TXAC 71.309 for disclosure of health information, and [2.4]" >40 TXAC 71.304 for the right to report of disclosures.

Under these regulations, individuals have the right to look at or get a copy of the information that the Texas Department of Human Services (DHS) keeps in a designated record set about them, except in certain circumstances. DHS may refuse to let individuals look at or get a copy of the information, either with or without giving them a chance for a review of DHS’s decision. Individuals may also ask DHS to limit the uses and disclosures of their individually identifiable health information more than the law requires, but DHS is not required to agree to any limit they ask for.

DHS will disclose only the individually identifiable health information needed to accomplish the purpose for which the information is sought, and will not disclose individually identifiable health information when the purpose of the disclosure can be accomplished with de-identified health information, unless the law says otherwise. DHS will not disclose an entire medical record unless the entire medical record is justified as the amount of information needed for the purpose of the disclosure or the law says otherwise.

Restrictions on Collecting Personal Information in Texas

Driver Record Information

If you violate a clause or term of the agreement for driver record information and the agreement has been terminated, you cannot enter into a subsequent agreement with the department to obtain driver record information. An entity is defined, for purposes of this section, as a partnership, corporation, business, professional association, joint stock company, nonprofit organization, and governmental entity. If any one person or portion of the entity becomes ineligible to receive driver record information under Texas Transportation Code, §730.016, then the entity is also ineligible to receive this information.

Health Information

Any recipient of individually identifiable health information obtained from DHS shall delete from its records any personal information if the recipient becomes aware that it is not an authorized recipient of that information in accordance with Chapter 730 of the Texas Transportation Code [1.2]" >37 TXAC 15.149. The recipient is responsible to ensure that any party to which they release the health information complies with all federal and state laws on the release of the information. If an improper disclosure of personal information has been made by any party that directly or indirectly obtained the health information from the recipient, the recipient’s agreement with DHS will be canceled [1.5]" >37 TXAC 15.143.

Conclusion

To summarize, if you are collecting personal information in Texas, you must follow the specific requirements and restrictions outlined in the relevant regulations. For driver record information, you must use the department-approved forms and adhere to the terms of the agreement. For individually identifiable health information, individuals have the right to access their information and request limits on its use and disclosure, and recipients must ensure that any party to which they release the information complies with all federal and state laws. Violating these regulations can result in ineligibility to receive personal information or termination of agreements with the department.

Source(s):
Jurisdiction

Texas