Texas House Bill HB3197

Texas 2023 - 88th Regular

• Filed: 3/2/23
• Out of House Committee: 5/8/23

Caption

Relating to definition change for certain customer data, communications, and other information held in electronic storage in this state and other states by providers of electronic communications services and remote computing services.

Impact

If enacted, HB 3197 would significantly impact how customer data is defined and managed under Texas law. By providing a clearer definition of electronic customer data, the bill recognizes the complexities of modern communication and data storage, potentially simplifying compliance for service providers. The new definition is also crucial for law enforcement and legal compliance, as it delineates the types of data that may be accessed or used in investigations and judicial proceedings, thereby influencing data collection practices across the state.

Summary

House Bill 3197, introduced by Representative Frazier, seeks to amend the definition of 'electronic customer data' as it pertains to data held by providers of electronic communications and remote computing services in Texas and other states. The bill specifies that this data encompasses various forms of information, including identities of customers, their usage of services, communication contents, and location data. The legislation aims to clarify the scope of what constitutes electronic customer data to better align it with evolving technological practices and to ensure that data privacy regulations are effectively applied.

Sentiment

The sentiment surrounding HB 3197 appears generally supportive among those in the tech and telecommunications industries, who view the bill as a necessary measure that reflects current technological realities. Advocates argue that the bill enhances data protection efforts by formalizing definitions that aim to safeguard customer information. However, there are also concerns from privacy advocates who worry that broad definitions could be misused, leading to potential overreach in data collection and surveillance, highlighting an ongoing tension between the need for security and the right to privacy.

Contention

A notable point of contention within the discussions on HB 3197 revolves around the balance between facilitating law enforcement access to data and protecting individual privacy rights. Critics argue that while law enforcement needs access to certain data for public safety, the broad definitions proposed in the bill might lead to privacy violations if not carefully regulated. Stakeholders emphasize the need for stringent safeguards to ensure that customer data remains protected, raising questions on how the bill can incorporate such protections without hampering law enforcement efforts.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 18. Search Warrants
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