Bill Text: TX SB1213 | 2015-2016 | 84th Legislature | Enrolled

Texas Senate Bill 1213 (Prior Session Legislation)

Bill Title: Relating to prohibiting the reidentification of certain deidentified information and the release of reidentified information; creating a criminal offense; providing a civil penalty.

Sponsorship: Bipartisan Bill

Status: (Passed) 2015-06-18 - Effective on 9/1/15 [SB1213 Detail]

Download: Texas-2015-SB1213-Enrolled.html



	S.B. No. 1213




	AN ACT
	relating to prohibiting the reidentification of certain
	deidentified information and the release of reidentified
	information; creating a criminal offense; providing a civil
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle A, Title 11, Business & Commerce Code,
	is amended by adding Chapter 506 to read as follows:
	CHAPTER 506. REIDENTIFICATION OF DEIDENTIFIED INFORMATION
	Sec. 506.001. DEFINITIONS. In this chapter:
	(1) "Covered information" means deidentified
	information released by a board, commission, department, or other
	agency of this state, including an institution of higher education
	as defined by Section 61.003, Education Code, or a hospital that is
	maintained or operated by the state.
	(2) "Deidentified information" means information with
	respect to which the holder of the information has made a good faith
	effort to remove all personal identifying information or other
	information that may be used by itself or in combination with other
	information to identify the subject of the information. The term
	includes aggregate statistics, redacted information, information
	for which random or fictitious alternatives have been substituted
	for personal identifying information, and information for which
	personal identifying information has been encrypted and for which
	the encryption key is maintained by a person otherwise authorized
	to have access to the information in an identifiable format.
	(3) "Personal identifying information" has the
	meaning assigned by Section 521.002(a)(1).
	Sec. 506.002. REQUIRED NOTICES. (a) An agency of this
	state shall provide written notice to a person to whom the agency
	releases deidentified information that the information is
	deidentified information.
	(b) A person who sells covered information or otherwise
	receives compensation for the transfer or disclosure of covered
	information shall provide written notice to the person to whom the
	information is sold, transferred, or disclosed that the information
	is deidentified information obtained from an agency of this state.
	Sec. 506.003. PROHIBITED ACTS. (a) A person may not:
	(1) reidentify or attempt to reidentify personal
	identifying information about an individual who is the subject of
	covered information; or
	(2) knowingly disclose or release covered information
	that was reidentified in violation of this section.
	(b) It is a defense to a civil action or prosecution for a
	violation of this section that:
	(1) the person:
	(A) was reidentifying the covered information
	for the purpose of a study or other scholarly research, including
	performing an evaluation or test of software intended to deidentify
	information; and
	(B) did not release or publish the names or other
	information identifying any subjects of the reidentified covered
	information; or
	(2) the person obtained informed, written consent from
	the individual who is the subject of the covered information that
	specifically referenced the information to be reidentified,
	disclosed, or released, and authorized the reidentification,
	disclosure, or release of that information.
	Sec. 506.004. OFFENSE. (a) A person who violates Section
	506.003 commits an offense.
	(b) An offense under this section is a Class A misdemeanor.
	Sec. 506.005. PRIVATE CAUSE OF ACTION. A person who
	violates Section 506.003 is liable to the individual who is the
	subject of the covered information for statutory damages in an
	amount of not less than $25 or more than $500 for each violation,
	not to exceed a total amount of $150,000.
	Sec. 506.006. CIVIL PENALTY. (a) In addition to other
	penalties and remedies assessed or recovered under this chapter, a
	person who violates Section 506.003 is liable to this state for a
	civil penalty in an amount of not less than $25 or more than $500 for
	each violation, not to exceed a total amount of $150,000.
	(b) The attorney general may bring an action to recover a
	civil penalty under this section.
	(c) The attorney general is entitled to recover reasonable
	expenses incurred in bringing an action under this section,
	including reasonable attorney's fees, court costs, and
	investigatory costs.
	SECTION 2. The change in law made by this Act applies to
	conduct that occurs on or after the effective date of this Act.
	Conduct that occurs before the effective date of this Act is
	governed by the law in effect on the date the conduct occurred, and
	the former law is continued in effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2015.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 1213 passed the Senate on
	April 20, 2015, by the following vote: Yeas 30, Nays 0; and that
	the Senate concurred in House amendment on May 29, 2015, by the
	following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 1213 passed the House, with
	amendment, on May 26, 2015, by the following vote: Yeas 142,
	Nays 0, two present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor