Suzanne Smalley reports:
Texas’ attorney general has accused the data broker Arity, which sells individual drivers’ behavior data to insurers, of sharing consumers’ information without clear notice or consent.
The case is the latest Texas action highlighting how data protections can get murky when consumers use apps that track their behavior. In the past six weeks, six of the mobile apps that Arity says are partners have been accused by the state of improperly sharing user data with third parties.
Attorney General Ken Paxton has been quietly but aggressively enforcing the state’s new privacy law.
Read more at The Record.
Attorneys at Kramer Levin have also noted that Texas is positioning itself as a privacy enforcement leader. They write:
Since the Texas Data Privacy and Security Act (TDPSA) took effect in July 2024, Texas has emerged as a leader in privacy enforcement. The Texas attorney general (AG) recently announced: “Any entity abusing or exploiting Texans’ sensitive data will be met with the full force of the law.” This article discusses four developments that highlight Texas’ commitment to safeguarding consumer personal data.
Launch of the Data Privacy and Security Initiative
In June 2024, the AG’s Consumer Protection Division launched its Data Privacy and Security Initiative, with new funding and resources. According to the AG, this team is poised to become among the largest in the country focused on enforcing privacy laws. The initiative is dedicated to the enforcement of both state and federal privacy laws, including the TDPSA, Texas’ Capture or Use of Biometric Identifier Act (CUBI), HIPAA, data broker laws, and laws prohibiting unfair or deceptive business practices. As shown below, the initiative aims to safeguard Texans’ personal data from illegal exploitation by technology, AI and other companies.
Read more of their article at Kramer Levin.
PogoWasRight notes that it’s more than a tad hypocritical that Texas thinks it can be a privacy enforcement leader when its privacy laws do not respect women’s rights to healthcare privacy and autonomy.