Texas Law Alert: Data Breach Update
On June 14, 2019, Texas Governor Greg Abbott signed legislation (H.B. 4390) amending the state’s data breach law by requiring that, when any data breach disclosure is made by a person who conducts business in Texas who owns or licenses computerized data that includes sensitive personal information, notification be made without unreasonable delay and no later than 60 days after its discovery. Disclosure must also be made to the Attorney General within 60 days if the breach involves at least 250 Texas residents. Disclosure must include:
A detailed description of the breach’s nature and circumstances or the use of sensitive personal information acquired as a result;
The number of Texas residents affected by the breach at the time of notification;
The measures taken regarding the breach and any measures that will be taken after the Attorney General is notified; and
Whether law enforcement is investigating the breach.
The law is effective January 1, 2020.
Read TX H.B. 4390
Immunity for Disclosure
On June 10, 2019, Texas Governor Greg Abbott signed legislation (H.B. 4345) granting charitable organizations, or an employee, volunteer, or independent contractor (employee) of a charitable organization, when acting in good faith, immunity from civil liability for disclosure to a current or prospective employer about a former employee when the information is reasonably believed to be true and involves an allegation that while employed, the employee:
Engaged in sexual misconduct;
Sexually abused another individual;
Sexually harassed another individual; or
Committed the crime of sex trafficking of persons, continuous tracking of persons, aggravated sexual assault, or public indecency.
This immunity from civil liability only applies to allegations that were reported to the appropriate agency at the time of disclosure. Additionally, an individual is not immune from civil or criminal liability for disclosing their such own conduct or acting in bad faith or with a malicious purpose in making a disclosure.
The law is effective September 1, 2019.
Read TX H.B. 4345