Texas Senate Bill SB571

Texas 2021 - 87th Regular

Caption

Relating to consent for the use or possession of personal identifying information under the Identity Theft Enforcement and Protection Act.

Impact

If enacted, SB571 will significantly affect how personal information is handled under the Identity Theft Enforcement and Protection Act. The new standards for consent will provide greater protection for individuals by ensuring that their personal information cannot be exploited without clear and informed permission. This change aims to create a more secure environment for individuals' personal data and reduce incidents of identity theft.

Summary

Senate Bill 571 seeks to amend the Business & Commerce Code in Texas by enhancing the regulations surrounding personal identifying information. Specifically, it establishes that no person may obtain, possess, transfer, or use another person's personal identifying information without obtaining proper consent. The bill emphasizes that consent is only considered effective if it is not induced by force, threat, fraud, or coercion, and it also takes into account the mental capacity of the individual giving consent.

Contention

Notable points of contention surrounding SB571 may focus on the balance between protecting individuals' privacy and the practical implications for businesses and organizations that handle such data. Critics may argue that stricter consent requirements could impose additional burdens on entities that rely on personal identifying information, potentially stifling innovation and service delivery. Proponents, however, are likely to emphasize the necessity of safeguarding individuals against identity theft and unauthorized use of their personal data.