Relating to a breach of computer security involving sensitive personal information and to the protection of sensitive personal information and certain protected health information.
Impact
The implementation of HB 2004 will significantly influence the way state agencies and local governments handle sensitive personal information. The bill mandates that both state and local entities must follow the same stringent notification protocols as private sector businesses in case of a security breach. This alignment is expected to foster greater accountability and transparency among public agencies, which are now required to notify affected individuals promptly if their sensitive data is compromised. It will also encourage these entities to strengthen their data protection measures to prevent breaches in the first place.
Summary
House Bill 2004 focuses on enhancing the security and protection of sensitive personal information and certain protected health information from breaches of computer security. The bill aims to amend existing legislative frameworks to ensure that sensitive personal data is adequately protected and to set clear guidelines for notification requirements in the event of a security incident. Key definitions are introduced to clarify what constitutes sensitive personal information, including health-related data and other identifiers that could compromise an individual’s privacy if exploited.
Contention
While the bill is largely viewed positively as a necessary step toward protecting individual privacy rights, there are notable concerns regarding compliance costs and administrative burden on smaller local governments or entities that may lack the resources to meet these new obligations. Skeptics argue that while the intention to enhance security is commendable, the law could lead to financial strain for these bodies, which may struggle to implement the required changes effectively. As these local governments adapt their protocols, some may perceive the bill as an overextension of state regulation into local practices.
Relating to the protection of personally identifiable student information and the use of covered information by an operator or educational entity; authorizing a civil and administrative penalty.
Relating to homeland security, including the creation of the Texas Homeland Security Division in the Department of Public Safety, the operations of the Homeland Security Council, the creation of a homeland security fusion center, and the duties of state agencies and local governments in preparing for, reporting, and responding to cybersecurity breaches; providing administrative penalties; creating criminal offenses.