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Can I ignore consumer requests for information or deletion in Texas? What are the requirements?

Requirements for Handling Consumer Requests for Information or Deletion in Texas

In Texas, entities holding consumer information are required to comply with specific requirements and limitations when handling consumer requests for information or deletion. Failure to comply with these requirements may result in legal consequences.

Consumer Information Requests

Under Texas law, consumers have the right to request information about their personal information held by businesses. Businesses must provide this information to consumers upon request, subject to specific requirements and limitations [1.1].

Deletion of Electronic Records

Texas law requires businesses that accept checks from customers in the ordinary course of business to delete any electronic record indicating that a customer has issued a dishonored check or any other information except for a checking account number or bank routing transit number on which the business bases a refusal to accept a check from a customer. The record must be deleted not later than the 30th day after the date: (1) the customer and the business agree that the information contained in the electronic record is incorrect; or (2) the customer presents to the business: (A) a copy of a report filed by the customer with a law enforcement agency stating that the dishonored check was unauthorized; and (B) a written statement of the customer indicating that the dishonored check was unauthorized. A business that violates this requirement is liable to the state for a civil penalty in an amount not to exceed $1,000 [2.1].

Consumer Access to Electronic Health Records

If a health care provider is using an electronic health records system that is capable of fulfilling the request, the health care provider, not later than the 15th business day after the date the health care provider receives a written request from a person for the person’s electronic health record, shall provide the requested record to the person in electronic form unless the person agrees to accept the record in another form. A health care provider is not required to provide access to a person’s protected health information that is excepted from access, or to which access may be denied, under 45 C.F.R. Section 164.524 [1.2].

Prohibition on Release of Consumer Reports

A consumer reporting agency may not release any consumer report relating to a protected consumer, any information derived from the protected consumer’s consumer report, or any record created for the protected consumer unless a security freeze on a protected consumer’s consumer file or record is removed under Section 20.28 or 20.30 [4.1].

Therefore, entities holding consumer information in Texas are required to provide information to consumers upon request and delete certain electronic records, subject to specific requirements and limitations. Additionally, consumer reporting agencies are prohibited from releasing certain consumer reports without the removal of a security freeze. It is important to comply with these requirements to avoid legal consequences.

Source(s):
Jurisdiction

Texas