Can I store personal information about my customers in Texas? What are the requirements?

Storing Personal Information of Customers in Texas

Yes, you can store personal information about your customers in Texas, but it is subject to various legal requirements and exceptions depending on the type of information and the purpose of the disclosure. Here are some of the requirements:

Disclosure of Personal Customer Information

According to 31 TXAC 51.303, the Texas Parks and Wildlife Department policy is to use and release personal customer information only in accordance with the provisions of Parks and Wildlife Code, §11.030 and any other applicable provision of law.

Limits on Disclosure of Nonpublic Personal Financial Information to Nonaffiliated Third Parties

Under 28 TXAC 22.14, a covered entity may not, directly or through any affiliate, disclose any nonpublic personal financial information about a consumer to a nonaffiliated third party unless the covered entity has provided to the consumer an initial notice, an opt-out notice, and a reasonable opportunity to opt-out of the disclosure.

Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

Under 28 TXAC 22.15, if a covered entity receives nonpublic personal financial information from a nonaffiliated financial institution, the covered entity’s disclosure and use of that information is limited. The covered entity may disclose the information to the affiliates of the financial institution from which the covered entity received the information, to its affiliates, or pursuant to an exception in §22.18 and §22.19 of this title in the ordinary course of business to carry out the activity covered by the exception under which the covered entity received the information.

Disposal of Business Records Containing Personal Identifying Information

Tex. Bus. & Com. Section 72.004 requires businesses to modify, by shredding, erasing, or other means, the personal identifying information of a customer of the business before disposing of a business record that contains such information.

In summary, you can store personal information about your customers in Texas, but you must comply with the relevant provisions of law and obtain any necessary authorizations or consents before disclosing personal information. You must also properly dispose of business records containing personal identifying information.

Jurisdiction

Texas

• Privacy