Tex. Bus. & Com. Code Section 509.002
Applicability to Certain Data


(a)

Except as provided by Subsection (b), this chapter applies to personal data from an individual that is collected, transferred, or processed by a data broker.

(b)

This chapter does not apply to the following data:

(1)

deidentified data, if the data broker:

(A)

takes reasonable technical measures to ensure that the data is not able to be used to identify an individual with whom the data is associated;

(B)

publicly commits in a clear and conspicuous manner:
(i)
to process and transfer the data solely in a deidentified form without any reasonable means for reidentification; and
(ii)
to not attempt to identify the information to an individual with whom the data is associated; and

(C)

contractually obligates a person that receives the information from the provider:
(i)
to comply with this subsection with respect to the information; and
(ii)
to require that those contractual obligations be included in any subsequent transfer of the data to another person;

(2)

employee data;

(3)

publicly available information;

(4)

inferences made exclusively from multiple independent sources of publicly available information that do not reveal sensitive data with respect to an individual; or

(5)

data subject to Title V, Gramm-Leach-Bliley Act (15 U.S.C. Section 6801 et seq.).
Added by Acts 2023, 88th Leg., R.S., Ch. 963 (S.B. 2105), Sec. 1, eff. September 1, 2023.

Source: Section 509.002 — Applicability to Certain Data, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­509.­htm#509.­002 (accessed May 4, 2024).

Accessed:
May 4, 2024

§ 509.002’s source at texas​.gov