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AN ACT
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relating to prohibiting the reidentification of certain |
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deidentified information and the release of reidentified |
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information; creating a criminal offense; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 11, Business & Commerce Code, |
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is amended by adding Chapter 506 to read as follows: |
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CHAPTER 506. REIDENTIFICATION OF DEIDENTIFIED INFORMATION |
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Sec. 506.001. DEFINITIONS. In this chapter: |
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(1) "Covered information" means deidentified |
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information released by a board, commission, department, or other |
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agency of this state, including an institution of higher education |
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as defined by Section 61.003, Education Code, or a hospital that is |
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maintained or operated by the state. |
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(2) "Deidentified information" means information with |
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respect to which the holder of the information has made a good faith |
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effort to remove all personal identifying information or other |
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information that may be used by itself or in combination with other |
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information to identify the subject of the information. The term |
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includes aggregate statistics, redacted information, information |
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for which random or fictitious alternatives have been substituted |
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for personal identifying information, and information for which |
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personal identifying information has been encrypted and for which |
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the encryption key is maintained by a person otherwise authorized |
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to have access to the information in an identifiable format. |
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(3) "Personal identifying information" has the |
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meaning assigned by Section 521.002(a)(1). |
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Sec. 506.002. REQUIRED NOTICES. (a) An agency of this |
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state shall provide written notice to a person to whom the agency |
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releases deidentified information that the information is |
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deidentified information. |
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(b) A person who sells covered information or otherwise |
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receives compensation for the transfer or disclosure of covered |
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information shall provide written notice to the person to whom the |
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information is sold, transferred, or disclosed that the information |
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is deidentified information obtained from an agency of this state. |
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Sec. 506.003. PROHIBITED ACTS. (a) A person may not: |
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(1) reidentify or attempt to reidentify personal |
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identifying information about an individual who is the subject of |
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covered information; or |
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(2) knowingly disclose or release covered information |
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that was reidentified in violation of this section. |
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(b) It is a defense to a civil action or prosecution for a |
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violation of this section that: |
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(1) the person: |
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(A) was reidentifying the covered information |
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for the purpose of a study or other scholarly research, including |
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performing an evaluation or test of software intended to deidentify |
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information; and |
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(B) did not release or publish the names or other |
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information identifying any subjects of the reidentified covered |
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information; or |
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(2) the person obtained informed, written consent from |
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the individual who is the subject of the covered information that |
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specifically referenced the information to be reidentified, |
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disclosed, or released, and authorized the reidentification, |
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disclosure, or release of that information. |
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Sec. 506.004. OFFENSE. (a) A person who violates Section |
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506.003 commits an offense. |
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(b) An offense under this section is a Class A misdemeanor. |
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Sec. 506.005. PRIVATE CAUSE OF ACTION. A person who |
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violates Section 506.003 is liable to the individual who is the |
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subject of the covered information for statutory damages in an |
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amount of not less than $25 or more than $500 for each violation, |
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not to exceed a total amount of $150,000. |
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Sec. 506.006. CIVIL PENALTY. (a) In addition to other |
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penalties and remedies assessed or recovered under this chapter, a |
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person who violates Section 506.003 is liable to this state for a |
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civil penalty in an amount of not less than $25 or more than $500 for |
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each violation, not to exceed a total amount of $150,000. |
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(b) The attorney general may bring an action to recover a |
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civil penalty under this section. |
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(c) The attorney general is entitled to recover reasonable |
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expenses incurred in bringing an action under this section, |
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including reasonable attorney's fees, court costs, and |
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investigatory costs. |
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SECTION 2. The change in law made by this Act applies to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1213 passed the Senate on |
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April 20, 2015, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2015, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1213 passed the House, with |
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amendment, on May 26, 2015, by the following vote: Yeas 142, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |