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Can I share personal information about my customers with third parties in Texas? What are the requirements?
Sharing Personal Information with Third Parties in Texas
In Texas, a covered entity may share personal information about its customers with third parties under certain conditions and requirements [1.1][1.2][1.3][1.5].
Requirements for Sharing Personal Information with Third Parties
To share personal information with third parties in Texas, a covered entity must comply with the following requirements:
- The covered entity must provide an initial notice and opt-out notice to the consumer [1.1][1.2][1.3].
- The covered entity must give the consumer a reasonable opportunity to opt-out [1.1][1.2][1.3].
- The covered entity must obtain authorization to disclose nonpublic personal health information [1.1].
- The covered entity must comply with the requirements for sharing personal information with third parties as specified in §22.18 and §22.19 of this title [1.1][1.2][1.3][1.5].
Exceptions to the Requirements
There are exceptions to the requirements for sharing personal information with third parties in Texas. For example, the opt-out requirements do not apply when a covered entity provides nonpublic personal financial information to a nonaffiliated third party to perform services for the covered entity or functions on the covered entity’s behalf [1.2][1.5].
Conclusion
In summary, a covered entity in Texas may share personal information about its customers with third parties under certain conditions and requirements. The covered entity must provide an initial notice and opt-out notice to the consumer, give the consumer a reasonable opportunity to opt-out, and obtain authorization to disclose nonpublic personal health information. The covered entity must also comply with the requirements for sharing personal information with third parties as specified in §22.18 and §22.19 of this title. There are exceptions to these requirements, such as when a covered entity provides nonpublic personal financial information to a nonaffiliated third party to perform services for the covered entity or functions on the covered entity’s behalf.
Source(s):
- [1.1] Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties
- [1.2] Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing
- [1.3] Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information
- [1.5] Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Processing and Servicing Transactions
Jurisdiction
Texas