Texas Data Privacy and Security Act

The Texas TDPSA states that Texas residents can request deletion of their data from companies that are not small businesses that sell to Texas residents or conduct business in the state of Texas, and that either process or sell data. These companies must respond to a consumer’s data deletion request without undue delay and at the latest within 45 days. They may request one extension from the consumer of 45 days when reasonably necessary, as long as they inform the consumer within the initial 45 day window. The company must communicate an appeal process for declining to delete consumer data; and provide a reason in writing for refusing to delete the consumer’s data within 60 days from the consumer’s appeal. If the company declines the appeal, they must provide the consumer with an online avenue with which to submit a complaint to the Attorney General.

Sec. 541.051. CONSUMER’S PERSONAL DATA RIGHTS; REQUEST TO
EXERCISE RIGHTS.

(a) A consumer is entitled to exercise the
consumer rights authorized by this section at any time by
submitting a request to a controller specifying the consumer rights
the consumer wishes to exercise. With respect to the processing of
personal data belonging to a known child, a parent or legal guardian
of the child may exercise the consumer rights on behalf of the
child.
(b) A controller shall comply with an authenticated
consumer request to exercise the right to:
(1) confirm whether a controller is processing the
consumer’s personal data and to access the personal data;
(2) correct inaccuracies in the consumer’s personal
data, taking into account the nature of the personal data and the
purposes of the processing of the consumer’s personal data;
(3) delete personal data provided by or obtained about
the consumer;
(4) if the data is available in a digital format,
obtain a copy of the consumer’s personal data that the consumer
previously provided to the controller in a portable and, to the
extent technically feasible, readily usable format that allows the
consumer to transmit the data to another controller without
hindrance; or
(5) opt out of the processing of the personal data for
purposes of:
(A) targeted advertising;
(B) the sale of personal data; or
(C) profiling in furtherance of a decision that
produces a legal or similarly significant effect concerning the
consumer.

Texas Resident Sample Email:

Dear [company name],

I am submitting a request for implementation of the following rights under Section 541.051b(3) of the Texas TDPSA which grant Texas residents certain rights in relation to protection of their personal data information:

1) To obtain erasure (deletion) of personal data (information) without undue delay;
2) To withdraw any consent given to the processing of personal data (information);
3) To object to processing of personal data (information) concerning the below individual, including but not limited to profiling and direct marketing.

I can be identified by my details below:

Name:
Address:
E-mail address:

Please confirm your compliance with the request without undue delay and in any event within 45 (forty five) days of receipt of this request.

Thank you,


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