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

What is identity theft?

Identity theft happens when someone uses another person's personal identifying information without permission. They may use the stolen information to make purchases or open accounts.

According to Section 521.002 of the Texas Business & Commerce Code, "personal identifying information" means information that identifies an individual, including:

name, social security number, date of birth, or government-issued identification number;
mother's maiden name;
unique biometric data, including the individual's fingerprint, voice print, and retina or iris image;
unique electronic identification number, address, or routing code; and
telecommunication access devices as defined by Section 32.51 of the Texas Penal Code.

Texas Laws

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.
Section 32.51 of the Texas Penal Code
The section of the Texas Penal Code outlines the penalties for misuse of personally identifying information and identity fraud.

Understanding the Law

Identity Theft Guide (Texas Young Lawyers Association)
This guide from the Texas Young Lawyers Association and the State Bar of Texas explains what identity theft is, how to protect yourself, what laws protect against identity theft, and what to do if your identify has been stolen.
What To Know About Identity Theft (Federal Trade Commission)
This article from the Federal Trade Commission gives an overview of identity theft including how to protect your information and how to recognize if your identity has been stolen.

Protections in the Law

There are laws that govern how businesses and institutions must handle consumer information.

Texas Laws

Section 521.052 of the Texas Business and Commerce Code
This Texas law discusses how a business should create procedures to protect consumers' private information.
Texas Business and Commerce Code, Chapter 503
This chapter governs the capture and use of biometric identifiers for commercial purposes.
Chapter 541, Texas Business & Commerce Code
This chapter pertains to the regulation of the collection, use, processing, and treatment of consumers' personal data by certain business entities.

Federal Laws

Sections 1681-1681x, Title 15 of the U.S. Code
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.
Chapter 94, Title 15 of the U.S. Code
These laws require financial institutions to protect consumer information, explain how that information might be shared, and prohibit institutions from obtaining that information under false pretenses. Many of these laws were signed into law with the Gramm-Leach-Bliley Act.
Chapter 12, Title 15 of the U.S. Code
These laws govern how citizens are informed of when and for what purpose the government would want to access their financial information.

Understanding the Law

Privacy When You Pay: Credit, Debit, Cash, and More
This page from Privacy Rights Clearinghouse informs you about your rights and the risks surrounding different payment methods.
Office of the Comptroller of the Currency: Privacy
This page from the Office of the Comptroller of the Currency breaks down federal laws on financial privacy.
Do I have to provide my Social Security number (SSN) to a business?
This FAQ discusses the question of if a business can ask for your social security number.

If Your Identity Is Stolen

These resources advise on how to keep your private financial information secure to lessen the odds of your identity being stolen and what to do if someone steals your identity.

Understanding the Law

How to Keep Your Personal Information Secure
This article from the Federal Trade Commission offers tips for keeping your personal information secure while shopping online.
What To Do If Your Identity Is Stolen
This resource from the Texas Attorney General outlines steps to take if you suspect your identity has been stolen.
IdentityTheft.gov
This website maintained by the FTC is designed to help victims recover from identity theft. Using a questionnaire on the website, victims can share about their situation and receive a recovery plan.
Identity Theft
Nolo, a legal self-help resource, has articles on preventing identity theft and what to do if your identity has been stolen.
Identity Theft Toolkit
Texas Law Help provides this toolkit for what to do if your identity has been stolen.

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

Texas State
Law Library

Privacy & Personal Information

What is identity theft?

Texas Laws

Understanding the Law

Protections in the Law

Texas Laws

Federal Laws

Understanding the Law

If Your Identity Is Stolen

Understanding the Law