Texas House Bill HB2132

Texas 2009 - 81st Regular

Caption

Relating to sealing of court records containing identifying financial information or personal identifying information.

Impact

This legislation is intended to safeguard personal information from public exposure, thereby addressing concerns about identity theft and privacy breaches. Courts would be required to seal records unless good cause is presented for not doing so, ensuring that only necessary legal proceedings can access this information. This new process is expected to create a standard practice for handling cases where sensitive data is involved, promoting greater responsibility in the management of personal information during legal proceedings.

Summary

House Bill 2132 seeks to enhance the privacy and security surrounding court records that contain identifying financial information or personal identifying information. By amending Chapter 23 of the Government Code, the bill establishes provisions for the sealing of such records upon the motion of a party, victim, or any individual whose information appears in the court's records. The bill clearly defines 'identifying financial information' and 'personal identifying information', creating a legal framework for the protection of these sensitive data within the judicial system.

Contention

While the bill has garnered support for its consumer protection efforts, potential points of contention may arise regarding the definition of 'good cause' for refusing to seal records. Critics may argue that the bill could hinder transparency in legal proceedings; however, proponents assert that the public interest in privacy should take precedence over unrestricted access to court records. The potential for abuse in judgment calls regarding sealing decisions is a nuanced concern that may need further legislative clarification to balance privacy rights with legal accountability.