Texas Data Privacy and Security Act, sensitive data and biometric consent

Tex. Bus. & Com. Code secs. 541.001, 541.101(b)(4)

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In force since 1 July 2024.

A sensitive categories rule binding private bodies.

As of 23 August 2026.

What it requires

Obtain a Texas consumer's opt-in consent before processing sensitive data, including biometric or genetic data collected to uniquely identify the individual, racial or ethnic origin, religious belief, a health diagnosis, sexuality, immigration status, or precise geolocation.
Follow the Children's Online Privacy Protection Act's consent framework, not TDPSA's general consent rule, when processing a known child's sensitive data.
Do not treat an identifier derived solely from a photograph, or from a video or audio recording, as TDPSA biometric data requiring this consent. The statutory definition excludes recording-derived data.

What it reaches

Excludes recording-derived identifiersYes

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

TDPSA classifies genetic or biometric data processed to uniquely identify a person, along with racial or ethnic origin, religious belief, a mental or physical health diagnosis, sexuality, citizenship or immigration status, precise geolocation, and a known child's data, as sensitive data requiring the consumer's prior consent before a controller may process it.

'Biometric data' means data from automatic measurement of an individual's biological characteristics used to identify them, including a fingerprint, voiceprint, or eye retina or iris, but the definition expressly excludes data generated from a photograph, or from a video or audio recording, so an identifier derived solely from such a recording falls outside this consent duty.

When LexLint raises it

processes_biometrics
processes_voice
crawls_web
trains_models

Read the law

official Texas statute text, Business and Commerce Code chapter 541, Texas Constitution and Statutes System

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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