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Texas, research its breach notification law.

For State of Texas, research its breach notification law. Note that some states do not label it as such, but all 50 states have some form of legislation that mandates an organization’s responsibilities when a data breach affects the state’s citizen’s private, protected information.

What types of organizations or individuals does it apply to?

Is it limited to only those organizations or individuals who reside or exist in that state, or might it affect external interests?

How does the law define or describe the information that it protects, by both name and description?

What exemptions, if any, exist?

What are the penalties for violating the law?

In your opinion, is it effective? Good law? Needing updating? What other critiques or opinions do you have about it?

Anything else that you think your classmates would benefit from.

Full Answer Section

Exemptions:

Breaches involving information already in the public domain through no fault of the entity maintaining it.
Encrypted information where the encryption key wasn't compromised.

Penalties:

Civil penalties ranging from $2,000 to $50,000 per violation.

Effectiveness and Opinions:

Relatively recent update in September 2023 requiring electronic reporting to the Attorney General enhances efficiency.
Applies to a broad range of entities and information types, offering good protection.
Potential for improvement:
- Increased penalties might serve as a stronger deterrent.
- Data breach response plans could be mandated for better preparedness.

Additional Notes:

Notification to affected individuals must occur within 60 days, unless law enforcement requests a delay.
If more than 250 Texans are impacted, the Attorney General's office must be notified within 30 days.
For breaches exceeding 10,000 individuals (regardless of location), consumer reporting agencies need to be informed.

Overall, the Texas data breach notification law is considered robust, but there's always room for improvement through stricter penalties and proactive measures.

Sample Answer

Texas Data Breach Notification Law

Texas has a data breach notification law in place, codified in Business and Commerce Code Chapter 521.

Here's a breakdown of the key points:

Applies To:

Any person or entity maintaining computerized data with "sensitive personal information" not owned by them.
This includes businesses, organizations, and potentially even individuals.

Not Limited Geographically:

The law applies to breaches affecting individuals regardless of residency, meaning even those outside Texas can be covered.

Protected Information:

The law uses the term "sensitive personal information" which is defined as:
- Social Security number
- Driver's license number
- State ID number
- Passport number