Texas House Bill HB4164

Texas 2021 - 87th Regular

Caption

Relating to the authority of individuals over the personal identifying information collected, processed, or maintained about the individuals and certain others by certain businesses.

Impact

When enacted, HB 4164 will specifically apply to businesses operating in Texas that meet certain thresholds, such as having more than 50 employees and collecting information from over 5,000 individuals. It also establishes criteria for when and how personal identifying information must be processed, and notably clarifies that individuals can request the deletion of their data, compelling businesses to comply within a specific timeframe. This legislative move reflects a growing trend across the United States where state governments are increasingly recognizing the need to safeguard consumer data, especially in light of numerous data breaches in various sectors.

Summary

House Bill 4164 is a legislative measure aimed at enhancing individual authority over personal identifying information that is collected, processed, or maintained by certain businesses in Texas. The bill introduces significant modifications to the Business and Commerce Code, specifically addressing how businesses handle sensitive personal information. Among the implications of the bill, businesses will be mandated to allow individuals to access and request the deletion of their personal information, thus giving consumers more control over their data, which is a timely requirement in today’s digital landscape where data privacy concerns are paramount.

Conclusion

Overall, HB 4164 represents an important step in Texas's efforts to strengthen data privacy laws and align with national trends advocating for enhanced consumer rights. As discussions around digital privacy continue to evolve, the outcomes of HB 4164 may set important precedents for future legislation. The focus on enforceability and the role of the attorney general in implementing the provisions of the bill will be key in determining its practical effects on individuals and businesses alike.

Contention

Despite its consumer protection goals, the bill may attract contention regarding its effects on business operations. Critics argue that the compliance costs for businesses, especially small to mid-sized enterprises, may increase substantially due to the need for enhanced data management and legal oversight. Proponents assert, however, that the benefits of empowering consumers to control their data far outweigh the operational burdens. Additionally, there may be debates concerning the exemptions included in the bill which delineate certain types of data and processes that are not covered by these regulations, potentially leaving gaps in protection.