Texas House Bill HB4854

Texas 2023 - 88th Regular

• Filed: 3/10/23

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

HB 4854 is expected to significantly impact state laws regarding data privacy and consumer rights. It creates specific standards for businesses to follow when managing consumer data, particularly for those with substantial operations and more than 50 employees. By setting thresholds for applicability, such as records for over 5,000 individuals and revenue exceeding $25 million, the bill targets larger businesses while potentially leaving smaller entities exempt. This approach aims to strike a balance between protecting consumers and minimizing unnecessary burdens on smaller businesses.

Summary

House Bill 4854 aims to enhance individual control over personal identifying information collected by businesses operating in Texas. The bill outlines definitions for key terms, including 'business' and 'personal identifying information,' and introduces provisions regarding the collection, processing, and sharing of such data. It establishes that individuals have the right to access their personal information, request its deletion, and transfer it between businesses, thus increasing transparency and accountability in data handling practices. This is particularly relevant in today's digital landscape, where individuals often lose control over their personal data after sharing it online.

Sentiment

The sentiment surrounding HB 4854 appears largely positive among consumer advocacy groups and individuals concerned about data privacy. Proponents argue that the bill represents a necessary step in empowering consumers and ensuring that businesses handle personal information responsibly. However, there may also be concerns raised by some businesses regarding the increased regulatory requirements and the potential impact on business operations, especially for those that might struggle with compliance costs.

Contention

A notable point of contention with HB 4854 lies in the balance between individual rights and business interests. While consumer advocates celebrate the enhanced rights over personal information, businesses may view the increased regulations as a challenge, particularly in regards to potential operational impacts and compliance requirements. The provisions for data portability and deletion requests may raise questions about the feasibility and costs for small businesses. The discussion around this bill underscores the ongoing debate over data privacy and the extent to which consumer rights should be protected in the context of rapidly evolving technology and business practices.