Privacy is spreading, or, more accurately, concern about privacy is spreading. On June 18, Texas became the 10th state to enact a comprehensive consumer privacy law, the sixth (Indiana, Iowa, Montana, Tennessee and Utah are the others) this year alone. The Texas Data Privacy and Security Act (TDPSA), which will go into effect on July 1, 2024, amends the Texas Business & Commerce Code, and it will certainly change the use and sale of personal data in the Lone Star State. Here are some takeaways and highlights of TDPSA that people doing business in Texas might want to pay attention to.

Although privacy laws vary by state, they all, including the TDPSA, create certain privacy rights for personal and sensitive data. These include the right to access one’s personal data to learn how it is being used, the right to opt out of the sale of personal data to third parties and the right to request that certain personal data be corrected or deleted. In addition, state privacy laws impose some obligations on covered entities, including limitations on the use of minors’ data, set disclosure requirements and require yearly risk assessments.

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