Texas Senate Bill SB1209

Texas 2015 - 84th Regular

Caption

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.