Under Review

Note Many new Texas laws took effect on September 1st, 2025. We are working on reviewing this page and making updates if needed. However, information may be out of date until our review is complete. For help locating current laws, ask a librarian.

Privacy in the Workplace

Employers collect a lot of personal and private information about their employees. Below you'll find laws that require employers to safeguard employee information and govern what kind of information employers can acquire through a background check.

Texas Law

Chapter 109 of the Texas Business & Commerce Code
This code discusses the issues related to business entities engaged in publication of certain criminal record or juvenile record information.
Section 501.001 of the Business & Commerce Code
This statute regulates the ways in which non-government entities handle social security numbers.
Section 521.053 of the Texas Business & Commerce Code
Under this statute, if a business loses customer or employee information though a security breach or other incident, the business must notify every person whose information was leaked.

Federal Law

18 U.S. Code Sections 2510 – 2523
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.
15 U.S. Code Sections 1681 – 1681x
This federal law is also known as the Fair Credit Reporting Act. It protects a consumer's information when collected by consumer reporting agencies. This act also extends to how a company must handle a consumer's financial information when providing information to consumer reporting agencies.

Understanding the Law

Your Right to Privacy in the Workplace
This article from self-help legal publisher Nolo outlines privacy rights in the workplace.
Can My Employer Read Email from My Personal Account?
This Q&A from Nolo considers a common workplace privacy question.
Employee Privacy Rights and Identity Theft
This article from the Texas Workforce Commission's Employers Handbook describes the responsibilities of employers to manage and protect their employees information.
Background Checks
This publication by the Texas Workforce Commission is written for Texas employers and contains information and tools for conducting business in Texas both legally and ethically. This section covers background checks for employees.
Background Checks FAQ
This resource answers frequently asked questions about what prospective employers can legally find out about you in the hiring process.

Note The library cannot tell you what the law means for your situation.

Texas State
Law Library

Privacy & Personal Information

Under Review

Privacy in the Workplace

Texas Law

Federal Law

Understanding the Law