Bill

HB 4390

86(R) - 2019
House Business & Industry
Senate Business & Commerce
House Business & Industry
Senate Business & Commerce

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Positive

Author(s)

Giovanni Capriglione

Sponsor(s)

Jane Nelson

Bill Caption

Relating to the privacy of personal identifying information and the creation of the Texas Privacy Protection Advisory Council.

Fiscal Notes

No fiscal implication to the State is anticipated.

Bill Analysis

Under current law, businesses in this state which own or license computerized data that includes sensitive personal information are required to make certain notifications in the event of a data breach.

HB 4390 would add some specificity to the notice requirements and add a requirement to notify the attorney general if the breach involves at least 250 residents of this state. Specific requirements for the AG notice are prescribed.

HB 4390 would also create the Texas Privacy Protection Advisory Council to study and evaluate laws in this state and other states and to make recommendations to the legislature on specific statutory changes regarding privacy and protection of private information.

Vote Recommendation Notes

Texas Action recommends supporting this bill as it promotes the principle of individual liberty. In a day and age where statistical bayesian factors can predict an individual's personal information with increasing accuracy, it is more important than ever to ensure that sensitive personal data is protected. Consumers have little choice in many instances as to what personal information of theirs is used and stored by a wide variety of public and private entities. It is within the proper scope of state government to ensure that individuals are given notice in the event their data is breached and to notify the attorney general in the event of a breach involving a significant number of people. We support HB 4390.