General Information

About this Guide

In our modern world, an immense amount of information about people is gathered, stored, and made accessible to others. This guide provides resources for you to learn about the laws that protect personal data. Below you will find references to areas of the Texas and Federal laws that govern privacy.

Privacy in Texas

Texas Law

Section 32.51 of the Texas Penal Code
The section of the Penal Code outlines the penalties for misuse of personally identifying information and identity fraud.
Texas Business and Commerce Code, Chapter 521
Chapter 521 establishes what constitutes identity theft, how a person can apply to be considered a victim of identity theft, and remedies.
Texas Business and Commerce Code, Chapter 503
This chapter governs the capture and use of biometric identifiers for commercial purposes.
Texas Business & Commerce Code, Chapter 541, Subtitle C
This subtitle pertains to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities. This subtitle takes effect July 1, 2024, except Section 541.055(e), Business & Commerce Code which takes effect January 1, 2025.

Federal Law

Sections 2510 – 2523 in Title 18 of the U.S. Code
Known as the Electronic Communications Privacy Act, this section of the U.S. Code prohibits a third party from intercepting or disclosing communications without authorization.
Sections 2701 – 2713 in Title18 of the U.S. Code
This law is known as the Stored Communications Act. This law addresses voluntary and compelled disclosure of "stored wire and electronic communications and transactional records" held by third-party internet service providers.

Understanding the Law

Texas at the Crossroads – An Update on Privacy Legislation
An explanation of the current state of Texas’ privacy laws from Texas Appleseed.
The State of Consumer Data Privacy Laws in the US (And Why It Matters)
This New York Times article lists the federal laws that involve specific kinds of privacy like HIPPA and discusses areas that lack privacy protection under law.
The Electronic Communications Privacy Act
This article from the Bureau of Justice Assistance (BJA) explains and summarizes The Electronic Communications Privacy Act and the Stored Wire Electronic Communications Act.
Communications Privacy Law
This article by Justia discusses the Electronic Communications Privacy Act, the civil liability for violating this act, and exceptions that allow for the government to intercept communications under certain conditions.

Cybersecurity

Cybersecurity is the protection of electronic data. There are many strategies for securing one’s own information, and in recent years Texas has passed laws to provide for cybersecurity in state agencies.

Texas Law

Texas Government Code, Chapter 2054
This chapter of the Texas Government Code contains statutes pertaining to government information resources. These statutes include the powers and duties of the Department of Information Resources including their duty to lead a cybersecurity task force.
Section 2054.133 of the Texas Government Code
State agencies are required to develop a security plan to protect their information.
Section 2054.603 of the Texas Government Code
This statute requires a state agency to disclose any breach of system security as soon as possible to any individual whose sensitive personal information may have been compromised
Texas Government Code, Chapter 2059
According to this chapter the Department of Information Resources shall provide network security services to state agencies and may provide these services to other entities by request such as local governments and private schools.

Federal Law

Chapter 100, Title 15 of the U.S. Code
These statutes, also known as the Cyber Security Research and Development Act, provide that the Director of the National Science Foundation will award grants for research of innovative approaches to enhancing computer security.
Chapter 100a, Title 15 of the U.S. Code
This chapter provides for the research and development of federal cybersecurity procedures.
Executive Order 14028 on Improving the Nation’s Cybersecurity
This executive order from President Biden works to improve cybersecurity in the federal government. This order also established the Cyber Safety Review Board to learn from significant breaches and make recommendations to improve cybersecurity for government and private sector organizations.

Understanding the Law

Cybersecurity and Texas
This article from the Texas Comptroller describes what cyberattacks are and outlines the cybersecurity programs in Texas.
The Cybersecurity 202
This guide put together by the Washington Post has up to date information on cybersecurity news and policy.
Online Privacy: Using the Internet Safely
This publication from Privacy Rights Clearinghouse outlines ways to protect your privacy while using the internet.
Internet Privacy
American Civil Liberties Union's subject page for internet privacy.

E-Books Available at the State Law Library

If you have a library account in good standing, you can check out an OverDrive e-book title or access our remote databases. Don't have a library account? Texas residents can register for a library account from home! Learn more about how to register from home .

Below are some e-book titles that may help you with your research on privacy and personal information.

Cybersecurity and privacy law in a nutshell
"In this Nutshell, we present case law, federal, state and international legislation, administrative actions and regulations, and relevant policy considerations that attorneys and their clients should keep in mind, whether they are working on a case about cybersecurity or just wanting to know more about cybersecurity and privacy in the Internet age." - publisher's description
Principles of cybersecurity law
This book is for cybersecurity professionals and anyone interested in learning about cybersecurity law. Topics covered include data breach laws, anti-hacking laws, and how to implement policy-based security measures.
Consumer protection law in a nutshell
"This reliable source explores traditional and emerging areas in consumer protection law. Federal and state law dealing with consumer transactions is covered, including caselaw and statutes. The volume begins with an overview of public (both FTC and CFPB) and private enforcement actions to regulate the marketplace. The remaining chapters track the legal aspects of consumer transactions in a roughly chronological fashion, starting with advertising and marketing, consumer privacy, credit reports and identity theft, and equal access to credit. The discussion continues with coverage of mandated disclosures as well as substantive protections for consumers under the federal credit laws, especially the Truth in Lending Act (TILA), including installment sales, credit cards and real estate related financing." - publisher's description

Texas State
Law Library

Privacy and Personal Information

General Information

About this Guide

Privacy in Texas

Texas Law

Federal Law

Understanding the Law

Cybersecurity

Texas Law

Federal Law

Understanding the Law

E-Books Available at the State Law Library