Can I use third-party social media tools that collect personal information in Texas? What are the requirements?

Using Third-Party Social Media Tools that Collect Personal Information in Texas

If you are planning to use third-party social media tools that collect personal information in Texas, you must comply with the state’s laws and regulations regarding the collection, use, and disclosure of personal information.

Tex. Bus. & Com. Section 501.001 prohibits a person, other than a government or a governmental subdivision or agency, from intentionally communicating or otherwise making available to the public an individual’s social security number. Additionally, a person may not display an individual’s social security number on a card or other device required to access a product or service provided by the person.

Tex. Bus. & Com. Section 501.052 requires a person to adopt a privacy policy that includes how personal information is collected, how and when the personal information is used, how the personal information is protected, who has access to the personal information, and the method of disposal of the personal information if they require an individual to disclose their social security number to obtain goods or services from or enter into a business transaction with the person. The privacy policy must be made available to the individual, and the person must maintain under the privacy policy the confidentiality and security of the social security number disclosed to the person.

Tex. Bus. & Com. Section 501.002 prohibits a person from printing an individual’s social security number on a card or other device required to access a product or service provided by the person unless the individual has requested in writing that printing. The person may not require a request for that printing as a condition of receipt of or access to a product or service provided by the person.

Tex. Bus. & Com. Section 120.052 requires social media platforms to publish an acceptable use policy that reasonably informs users about the types of content allowed on the platform, explains the steps the platform will take to ensure content complies with the policy, and explains the means by which users can notify the platform of content that potentially violates the acceptable use policy, illegal content, or illegal activity.

Tex. Bus. & Com. Section 120.051 requires social media platforms to publicly disclose accurate information regarding its content management, data management, and business practices, including specific information regarding the manner in which the social media platform curates and targets content to users, places and promotes content, services, and products, including its own content, services, and products, moderates content, uses search, ranking, or other algorithms or procedures that determine results on the platform, and provides users’ performance data on the use of the platform and its products and services.

Tex. Bus. & Com. Section 501.101 allows a merchant or a third party under contract with a merchant to use a consumer’s driver’s license or social security number solely for identification purposes if the consumer does not have a valid receipt for the item being returned and is seeking a cash, credit, or store credit refund. However, the merchant or third party may not disclose the consumer’s driver’s license or social security number to any other third party not involved in the initial transaction.

Finally, 37 TXAC 15.149 requires any recipient of driver record information to delete from its records any personal information obtained from the department if the requestor becomes aware that it is not an authorized recipient of that information in accordance with Chapter 730 of the Texas Transportation Code.

In summary, if you are planning to use third-party social media tools that collect personal information in Texas, you must comply with the state’s laws and regulations regarding the collection, use, and disclosure of personal information. You must also ensure that you have a clear and accessible acceptable use policy, and that you are only using personal information for identification purposes and not disclosing it to unauthorized third parties.

Jurisdiction

Texas

• Privacy