Texas Business and Commerce Code 509.002 – Applicability to Certain Data
(a) Except as provided by Subsection (b), this chapter applies to personal data from an individual that is collected, transferred, or processed by a data broker.
(b) This chapter does not apply to the following data:
(1) deidentified data, if the data broker:
(A) takes reasonable technical measures to ensure that the data is not able to be used to identify an individual with whom the data is associated;
(B) publicly commits in a clear and conspicuous manner:
(i) to process and transfer the data solely in a deidentified form without any reasonable means for reidentification; and
(ii) to not attempt to identify the information to an individual with whom the data is associated; and
(C) contractually obligates a person that receives the information from the provider:
(i) to comply with this subsection with respect to the information; and
(ii) to require that those contractual obligations be included in any subsequent transfer of the data to another person;
(2) employee data;
(3) publicly available information;
(4) inferences made exclusively from multiple independent sources of publicly available information that do not reveal sensitive data with respect to an individual; or
(5) data subject to Title V, Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.).
Terms Used In Texas Business and Commerce Code 509.002
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
Texas Business and Commerce Code 509.002 – Applicability to Certain Data
(a) Except as provided by Subsection (b), this chapter applies to personal data from an individual that is collected, transferred, or processed by a data broker.
(b) This chapter does not apply to the following data:
(1) deidentified data, if the data broker:
(A) takes reasonable technical measures to ensure that the data is not able to be used to identify an individual with whom the data is associated;
(B) publicly commits in a clear and conspicuous manner:
(i) to process and transfer the data solely in a deidentified form without any reasonable means for reidentification; and
(ii) to not attempt to identify the information to an individual with whom the data is associated; and
(C) contractually obligates a person that receives the information from the provider:
(i) to comply with this subsection with respect to the information; and
(ii) to require that those contractual obligations be included in any subsequent transfer of the data to another person;
(2) employee data;
(3) publicly available information;
(4) inferences made exclusively from multiple independent sources of publicly available information that do not reveal sensitive data with respect to an individual; or
(5) data subject to Title V, Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.).
Terms Used In Texas Business and Commerce Code 509.002
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005