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Tex. Bus. & Com. Code § 521.052

BUSINESS DUTY TO PROTECT SENSITIVE PERSONAL INFORMATION

Known as the Identity Theft Enforcement and Protection Act

The act spans §§ 521–521 (12 sections).

Applied in 1 court decision — leading case Texas Comptroller of Public Accounts v. Attorney General of Texas and the Dallas Morning News, Ltd. (2010)

Most recently applied in Texas Comptroller of Public Accounts v. Attorney General of Texas and the Dallas Morning News, Ltd. (December 2010)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff

(a) A business shall implement and maintain reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure any sensitive personal information collected or maintained by the business in the regular course of business.

(b) A business shall destroy or arrange for the destruction of customer records containing sensitive personal information within the business's custody or control that are not to be retained by the business by:

(1) shredding;

(2) erasing; or

(3) otherwise modifying the sensitive personal information in the records to make the information unreadable or indecipherable through any means.

(c) This section does not apply to a financial institution as defined by 15 U.S.C. Section 6809.

(d) As used in this section, "business" includes a nonprofit athletic or sports association.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.