Texas House Bill HB2564

Texas 2009 - 81st Regular

• Out of House Committee: 4/21/09
• Voted on by House: 5/6/09

Caption

Relating to the regulation of certain professions and practices in connection with computer technology; providing penalties.

Impact

If enacted, HB2564 would have significant implications for state laws governing the handling of digital data. By formalizing the requirements around data recovery and forensic analysis, the bill aims to enhance the integrity of these professions. It seeks to ensure that only authorized individuals can access certain data, thereby aiming to protect personal and proprietary information. However, it also introduces penalties for violations of these requirements, with a Class C misdemeanor for failing to maintain records and a Class A misdemeanor for providing false statements in the work orders.

Summary

House Bill 2564 aims to regulate professions associated with computer technology, specifically focusing on computer data analysis and recovery. The bill establishes definitions for various roles, including 'computer data recovery specialists,' 'computer forensic analysts,' and 'computer technicians.' It mandates that professionals in these roles can only analyze or recover data if they have obtained a dated work order with a signed statement confirming ownership or authority from the requester. Additionally, it requires that these statements be maintained for at least one year and made available for inspection by law enforcement upon request.

Contention

While the bill is designed to protect data integrity and define professional boundaries, there may be points of contention surrounding its enforcement. Critics could argue that the requirements for obtaining work orders may be cumbersome for professionals, potentially leading to obstacles in timely data recovery. Furthermore, the differentiation of roles might prompt legal debates over what constitutes a violation or a breach of these new regulations, as these definitions may evolve with technological advancements. Thus, the bill can also be seen as part of a broader trend toward increased regulation of technology-related practices.