Texas House Bill HB4390

Texas 2019 - 86th Regular

Caption

Relating to the privacy of personal identifying information and the creation of the Texas Privacy Protection Advisory Council.

Impact

The establishment of the Texas Privacy Protection Advisory Council as a critical component of HB4390 is significant. The council is tasked with studying existing data privacy laws both within Texas and other jurisdictions, thereby fostering an examination of best practices in data protection. This body is expected to make recommendations for statutory changes, potentially leading to stronger state-level privacy protections that align more closely with evolving national standards and practices. The results of this council's work may initiate legislative changes to further safeguard consumer information.

Summary

House Bill 4390 addresses the privacy of personal identifying information by amending the Business and Commerce Code to enhance requirements for data breach notifications. The bill mandates that entities handling sensitive personal information must inform affected individuals and the Texas Attorney General within 60 days of discovering a breach, if at least 250 residents are impacted. This change aims to improve transparency and accountability in handling sensitive data, providing a structured legal framework for protecting personal information in Texas.

Sentiment

The reception of HB4390 has been largely positive, with strong bipartisan support indicated by the unanimous voting results in the House and minimal opposition in the Senate. Proponents see the bill as a necessary enhancement to consumer rights, highlighting the growing importance of data privacy in an increasingly digital world. While there are some concerns about overregulation, the prevailing sentiment among legislators is that stronger privacy protections are essential to building trust in the handling of personal data within the state.

Contention

Despite the overall support, there are notable points of contention surrounding the implications of mandated breach notifications. Critics express concerns regarding the potential burdens placed on businesses, particularly small businesses, which may struggle with the strict deadlines and requirements for reporting breaches. There is also an ongoing debate about balancing privacy rights with necessary business operations, especially in industries like technology and health care where data breaches can occur frequently. As the council begins its work, it will be essential to navigate these various interests to ensure effective and practical regulations.