Law / United States / 
Texas
Texas insurer privacy: compliance of insurance covered entities with the federal financial privacy notice and opt-out rules
In force.
A data subject rights rule binding private bodies.
- Obligation class
- Disclosure, Data subject rights, Consent
- Audit expectation
- none
As of .
What it requires
- If you receive an authorization from the Texas Department of Insurance (an insurance covered entity), comply with sections 6802 and 6803 of title 15 of the United States Code, as amended, in the same manner as a financial institution must, which covers the privacy notice and the limits on disclosing nonpublic personal information to nonaffiliated third parties (Tex. Ins. Code sec. 601.002(a)).
- If you are a nonaffiliated third party that receives nonpublic personal information from a covered entity, comply with section 6802(c) of title 15 of the United States Code, as amended, on reuse and redisclosure (Tex. Ins. Code sec. 601.002(b)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Tex. Ins. Code sec. 601.102(b): the attorney general, after conferring with the commissioner, may seek a civil penalty against a covered entity or nonaffiliated third party that may not exceed $3,000 for each violation; under section 601.102(c) a court that finds a pattern or practice may assess a civil penalty not to exceed $250,000.
- Rule
- Per violation only
- As of
- Currency
- USD
- Fixed cap
- 250,000
- Per violation unit
- Violation
- Per violation amount
- 3,000
Who enforces it
Enforcement body
Texas Department of Insurance, which enforces sections 6801 to 6805 of title 15 of the United States Code, as amended, to the extent section 6805 requires, and chapter 601 (Tex. Ins. Code sec. 601.101).
What this law does
A covered entity is an individual or entity that receives an authorization from the Texas Department of Insurance, including an individual or entity described by section 82.002. A covered entity must comply with sections 6802 and 6803 of title 15 of the United States Code, as amended, in the same manner as a financial institution is required to comply under those sections.
An entity that is a nonaffiliated third party in relation to a covered entity must comply with section 6802(c) of title 15 of the United States Code, as amended. The commissioner of insurance must adopt rules to implement chapter 601. The Texas Department of Insurance enforces sections 6801 to 6805 of title 15 of the United States Code, as amended, to the extent section 6805 requires, and chapter 601.
The attorney general, after conferring with the commissioner, may institute an action for civil penalties against a covered entity or nonaffiliated third party for a violation of chapter 601, and a civil penalty may not exceed $3,000 for each violation. If a court finds that violations of chapter 601 have occurred with a frequency that constitutes a pattern or practice, the court may assess a civil penalty not to exceed $250,000. Chapter 601 was added by Acts 2003, 78th Legislature, chapter 1274, effective .
When LexLint raises it
When your app profile says your app is an insurer.