Texas, a state renowned for its growing tech hubs like Austin and Dallas, is home to a range of laws that shape how technology is used, regulated, and monitored. While some regulations are well-known, others remain under the radar, influencing private citizens, businesses, and tech innovators without much public awareness.
From data privacy to drone usage, here are five tech-related laws in Texas you probably didn’t know existed.
1. Data Breach Notification Law
Texas has stringent data breach notification laws under the Texas Business and Commerce Code, Section 521.053. This law requires businesses to notify Texans “as quickly as possible” if their sensitive data has been compromised in a breach. Unlike the federal law, which lacks specificity, Texas mandates immediate communication to affected individuals while also requiring companies to notify consumer reporting agencies if the breach affects 10,000 or more residents.
For example, a Texas e-commerce company that experiences a cybersecurity breach exposing customer credit card information has a legal obligation to notify those customers promptly. Companies failing to comply can face penalties, highlighting the state’s firm stance on consumer data protection.
2. Drone Regulation Laws
Texas has specific laws regulating the use of drones, primarily found in the Texas Government Code, Chapter 423. While drones have become a favorite tool for photographers, real estate agents, and hobbyists, Texas restricts their use in certain scenarios to protect privacy and security.
For instance, it is illegal to capture images of private property or individuals without consent. This law is crucial for residents who value their privacy and for businesses using drones in industries like surveying or event photography. Violating these regulations can lead to hefty fines, so drone operators need to understand the legal limitations before taking to the skies.
3. Cybersecurity Training Mandate
State and local government employees in Texas are required to complete cybersecurity training annually under the Texas Cybersecurity Act. This requirement, implemented in response to increasing cyber threats, helps mitigate risks associated with phishing, ransomware, and other cyberattacks.
For example, in 2020, a major ransomware attack targeted multiple agencies across Texas, costing millions in recovery efforts. The cybersecurity training mandate aims to prevent such incidents by keeping public employees informed and vigilant about potential threats. While the law applies to government workers, private sector organizations can benefit by adopting similar protocols to reinforce their own cybersecurity posture.
4. Online Harassment and Cyberbullying Laws
Online harassment and cyberbullying are prohibited under the Texas Penal Code Section 42.07 (commonly referred to as the “Harassment Statute”). This law makes it a criminal offense to engage in repeated online communication intended to harass, annoy, or torment someone. The law also applies to social media platforms, text messages, and other digital channels.
For example, schools in Texas have utilized this law to address cyberbullying cases among students. Offenders, including minors, can face misdemeanor charges under this statute. The law underscores that harassment isn’t reserved for physical spaces, offering protection in the increasingly digital world.
5. Biometric Data Protection Requirements
Though not as comprehensive as Illinois’ Biometric Information Privacy Act (BIPA), Texas has its own laws regulating biometric data under the Texas Business and Commerce Code, Chapter 503. Companies collecting biometric identifiers, such as fingerprints or facial scans, must obtain informed consent from individuals and cannot sell or disclose this information without proper authorization.
For instance, a retail store in Texas using facial recognition software to deter theft must comply with these consent requirements. Violations can leave businesses open to lawsuits, emphasizing the need for clear policies regarding the collection and use of biometric data.
Conclusion
These lesser-known tech laws highlight how thoroughly Texas is regulating technology’s rapid integration into daily life. From drones soaring above neighborhoods to data breaches threatening privacy, these regulations ensure accountability in an increasingly digital world. Whether you’re a tech entrepreneur, a public servant, or just a curious Texan, understanding these laws can help you protect yourself and operate responsibly in today’s tech-driven society.
