Relating to the privacy of certain personal information held by health and human services agencies.
Impact
A significant development introduced by SB 1209 is the prohibition of selling personal information held by health agencies without the explicit consent of the individuals involved. This section of the bill seeks to empower individuals by ensuring that their personal and health-related information cannot be exploited commercially without their agreement. Furthermore, the bill explicitly states that consent for data sale should not be mandatory for receiving services, thereby protecting vulnerable individuals who depend on these services.
Summary
Senate Bill 1209, introduced by Senator Kolkhorst, is directed towards enhancing the privacy of personal information held by health and human services agencies in Texas. The bill amends Chapter 531 of the Government Code, establishing a new subchapter dedicated to the privacy of personal data. It provides a comprehensive definition of personal information, which includes identifiers such as social security numbers, biometric data, and health-related information. By specifically addressing personal health information, this legislation aims to secure sensitive data against unauthorized access and sale.
Contention
While the bill is largely seen as a positive stride toward better privacy rights, there are concerns regarding its practical implications, particularly in terms of enforcement and compliance. Critics argue that without robust mechanisms for monitoring and enforcing the prohibitions on the sale and resale of personal information, the bill may not be sufficient to protect individuals’ privacy. Additionally, stakeholders in the health services sector have voiced apprehensions about potential restrictions on the flow of information necessary for operational purposes, potentially leading to conflicts between privacy and service efficiency.
Additional_notes
In effect, the provisions of this act will commence on September 1, 2015, marking a significant milestone in Texas legislation that emphasizes the importance of personal privacy, especially in health-related matters. The transparency regarding who purchases personal information and the prohibition against resale serves to enhance accountability among health agencies and individuals handling sensitive data.
Relating to the nonsubstantive revision of the health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services.
Relating to the authority of individuals over the personal identifying information collected, processed, or maintained about the individuals and certain others by certain businesses.
Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.
Relating to the terminology used in statute to refer to intellectual disability and certain references to abolished health and human services agencies.
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 certain restrictions on the use of personally identifiable information pertaining to a public school student by an operator or educational entity.
Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.
Relating to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities; imposing a civil penalty.