Data Breach Notification Statutes – Texas
Last Updated: 02/28/2024
- Applicable Statute: Tex. Bus. & Com. Code §§ 521.002, 521.053, 521.151, 521.152
- Attorney General Notice Required: Yes – must notify Attorney General if 250 or more resident are notified.
- Content: Notification must include:
- A detailed description of the breach or the use of personal information acquired;
- The number of residents affected;
- The measures taken regarding the breach;
- Any measures the subject entity intends to take regarding the breach; and
- Whether law enforcement is investigating the breach.
- Timing: No later than sixty days after discovery of the breach.
- Method: Can be submitted online at https://www.texasattorneygeneral.gov/consumer-protection/data-breach-reporting.
- Consumer Notice Requirements:
- Timing: Must be made without unreasonable delay, but no later than sixty (60) days after discovery of the breach, consistent with measures necessary to determine the scope of the breach and restore the reasonable integrity of the system.
- Method: By written notice, or electronic notice, if consistent with the provisions regarding electronic records and signatures set forth in E-SIGN
- Content: Not specified.
- Consumer Reporting Agency Obligations: If more than 10,000 persons are notified, the entity must notify the nationwide consumer reporting agencies without unreasonable delay of the timing, distribution, and content of the notices.
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Data Breach Notification Statutes