Law / United States / 
Texas
Texas privacy policy required before requiring disclosure of a Social Security number
Tex. Bus. & Com. Code secs. 501.052, 501.053
In force.
A privacy notice rule binding public and private bodies.
- Obligation class
- Disclosure, Security
- Audit expectation
- none
As of .
What it requires
- If you require an individual to disclose a social security number to obtain goods or services from you or to enter into a business transaction with you, first adopt a privacy policy, make it available to the individual and maintain under it the confidentiality and security of the number disclosed (Tex. Bus. & Com. Code sec. 501.052(a)).
- State in the privacy policy how personal information is collected, how and when it is used, how it is protected, who has access to it and the method of its disposal (Tex. Bus. & Com. Code sec. 501.052(b)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Tex. Bus. & Com. Code sec. 501.053(a): a person who violates section 501.052(a) is liable to this state for a civil penalty not to exceed $500 for each calendar month during which a violation occurs, and the penalty may not be imposed for more than one violation that occurs in a month.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 500
Who enforces it
Enforcement body
Texas attorney general or the prosecuting attorney in the county in which the violation occurs, who may bring an action to recover the civil penalty (Tex. Bus. & Com. Code sec. 501.053(a)).
What this law does
A person may not require an individual to disclose the individual's social security number to obtain goods or services from, or enter into a business transaction with, the person unless the person adopts a privacy policy, makes it available to the individual and maintains under it the confidentiality and security of the number disclosed.
The privacy policy must include how personal information is collected, how and when it is used, how it is protected, who has access to it and the method of its disposal.
Subchapter B does not apply to a person required to maintain a privacy policy under the Gramm-Leach-Bliley Act, the Family Educational Rights and Privacy Act or the Health Insurance Portability and Accountability Act, to an insurance covered entity under commissioner rules, to a governmental body other than a municipally owned utility, to a person not engaged in the business of making loans with respect to a loan transaction, or to a person subject to section 901.457 of the Occupations Code.
A person who violates section 501.052(a) is liable to this state for a civil penalty not to exceed $500 for each calendar month during which a violation occurs, and the penalty may not be imposed for more than one violation in a month. The attorney general may bring an action in the name of the state to restrain or enjoin a person from violating section 501.052(a).
The history note of section 501.052 lists Acts 2007, 80th Legislature, chapter 885 (House Bill 2278), section 2.01, effective . House Bill 2278 (2007) is an act relating to a nonsubstantive revision of statutes relating to business and commerce.
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