On May 31, 2021 the Texas Legislature passed a bill that requires the Texas Attorney General to publish notices of breaches of personal data that affect state residents on the state Attorney General’s public-facing website.
House Bill 3746 amends the Texas Business and Commerce Code §521.053 and calls for the Texas Attorney General to publish notifications of data breaches that have affected 250 or more Texas residents and to update their website to include the notification within 30 days of the notification being received. After one year, the listing will be removed provided the affective individual or company has not suffered any other data breaches impacting 250 or more Texas residents during that initial one-year period.
Breach notices are required to include a detailed description of the nature of the breach, how the breach occurred and if there was any sensitive information acquired as a result of the breach. To read more about House Bill 3746 click here.
When a cyber breach occurs, it can be an extremely stressful time with so many things to think about. If you do not already have a cyber plan in place, this is the time to develop one. It is crucial your cyber plan includes the rules and notification requirements of each state you do business in so you know in advance what actions to take rather than at the time of the breach when things are taxing.
Digital Guardian provides a summary and notification requirements of each of the 50 states. It defines what is classified as personally identifiable information, entities required to comply, what specifically constitutes a breach, the timing and method of notice required to individual and regulatory agencies, and consumer credit reporting agencies and any exemptions that apply, such as exemptions for encrypted data.
Remember, don’t wait until a breach occurs, know the rules and requirements before it does!
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