How To Protect Your Online Privacy in Texas?

Remy

Remy Zabuh

Industry Analyst 

Last Updated: July 24, 2024

Even nowadays, it is possible and necessary to hide one’s identity while surfing the World Wide Web. Although, as much as possible one can encounter different types of personal details that are mostly shared on the internet, it becomes important that one understands how best to protect the data that one enters in the computer and how privacy can be protected.

To ensure you protect your online privacy in Texas and safeguard your data, one should adhere to best practices that relate to TDPSA legislation and ensure he/she understands the act comprehensively.

The TDPSA can be considered a very important development in the context of the change in the American legal landscape of the protection of data. Texas adopted broad data protection legislation relatively recently, and thus, it can be regarded as one of the most progressive states that aim at enhancing their inhabitants’ control over their data.

What Is Online Privacy?

Online privacy, therefore, refers to the quantity of control people are able to have over the information they offer and/or how the information is used on the World Wide Web. This covers your information, the websites that you frequent, and your interactions on those websites from being accessed or used in the wrong manner. Understanding how to protect your online privacy in Texas is crucial in this context.

Here are some reasons why online privacy is so important. Below are the following why is online privacy so crucial: 

  • Identity Theft: When individual details are stolen this implies that the criminals can act on your behalf and engage in unlawful deeds. 
  • Financial Risks: By logging in on the account the hacker gets full privileges of the account and he or she can transact as many times as possible or just disappear with the money. 
  • Personal Safety: On the other hand, submitting a lot of information makes a person easy prey for other people in that they may be harassed, stalked, and at worst, assaulted. 
  • Job and Education: Your boss and school may use your online operation and information to assess whether you can work and whether you can study. 
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Protect Online Privacy

To protect your online privacy in Texas, you should: 

  • Be Cautious with Personal Information: Avoid sharing your details on the social media sites and in the case you have to share information limit what you share. 
  • Use Strong Passwords: Make new, hard-to-guess passwords to all your online accounts and use additional codes whenever it is possible. 
  • Browse Privately: Ensure you are not tracked by using a different browser or using the incognito mode in Google Chrome. 
  • Utilize Privacy-Focused Tools: One should choose a Virtual Private Network (VPN), use encrypted messaging applications, and a private search engine.
  • Review Privacy Settings: Forever be alert on the privacy options of your accounts and gadgets so that you do not unknowingly share your information with people you do not want. 
  • Be Cautious of Public Wi-Fi: Do not download or open applications that relate to other accounts such as banking, messaging or mail while on the public Wi-Fi since they are not as secure. 

The Texas Data Privacy And Security Act

Texas Data Privacy and Security Act highlighted on a map of Texas with major cities shown.

The more recent state legislation was passed in the year 2023, with the Texas Data Privacy and Security Act (TDPSA) being enacted. This law helps protect your online privacy in Texas and grants Texas residents several key rights over their personal data, including the right to:

  • Be able to tell whether a given firm is processing data containing their details and how that information is being accessed. 
  • Rectify any errors in the information about themselves 
  • Their personal data they have provided or personal data generated about them must be erased.
  • Exclusion of their data from processing done for advertising purposes, direct marketing, or drawing up of profiles 

The TDPSA also obliges the businesses to have the data subject’s permission in instances where the data being processed is special categories of data such as race, ethnicity, religion, health, or precise location data. 

Do You Know?

The TDPSA has specific provisions for biometric data, requiring informed consent before collection and prohibiting the sale of such data without explicit consumer approval.​

Managing Compliance with the TDPSA 

To help protect your online privacy in Texas and comply with the TDPSA, businesses must:

  • Adjust their privacy policies with the new requirements in mind. 
  • Insist on ‘opt-out’ as the default on targeted marketing communication, advertising, and profiling as well as data trading 
  • This shall be done after approval has been sought from the data subject where the processing involves special categories of data. 
  • Supply the consumers’ responses within the provided time durations 

TDPSA Vs. Other State Privacy Laws

The key differences between the Texas Data Privacy and Security Act (TDPSA) and other state data privacy laws include: 

Applicability 

  • It covers all forms of businesses active in the Texan market or industries that supply a product/service used by Texas consumers, irrespective of their turnover or volume of consumers. The Texas privacy laws ensure comprehensive coverage of these entities.
  • Other state laws, for instance, have provisions on rates and revenues or customer numbers as well. 
  • The TDPSA offers fewer entity-level exceptions compared to other laws and covers a wider market. 

Consumer Rights 

  • The rights given to the consumers through the TDPSA include the rights to be informed about the data collection process, to request access to their data, rectification of data, to erasure data, and finally to obtain a copy of data. 
  • However, unlike some other laws, the TDPSA does not provide a private right of action, meaning consumers cannot directly sue businesses for violations.

Consent Requirements

  • The TDPSA requires businesses to obtain consent before processing sensitive data, such as information related to race, ethnicity, religion, health, or precise geolocation.
  • Other laws may have different or more extensive consent requirements.

Enforcement

  • Enforcement of the TDPSA is solely through the Texas Attorney General’s office, with no private right of action.
  • Penalties can reach up to $7,500 per violation, without a sunset on the 30-day cure period.
  • This differs from laws like CCPA which allow for both AG enforcement and private lawsuits.

Global Opt-Out

  • The TDPSA requires businesses to recognize universal opt-out mechanisms like Global Privacy Control starting January 1, 2025.
  • This global opt-out provision is not as common in other state privacy laws.

So in summary, the TDPSA casts a wider net in terms of applicability, has fewer exemptions, and takes a more business-friendly approach in certain areas compared to privacy laws in states like California and Colorado.  However, it still grants Texas consumers meaningful rights over their personal data under Texas privacy laws.

Do You Know?

Unlike the CCPA and other state privacy laws that are applied based on business size or data volume, the TDPSA applies broadly to any entity conducting business in Texas or providing services to Texas residents, regardless of revenue or data volume​.​

Enforcement And Penalties

The only person who is authorized to prosecute the provisions of the TDPSA is the attorney general of Texas. After the thirty-day cure period businesses that do not adhere to the provisions can be subjected to Civil penalties of up to $7,500 per violation. 

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How to Shield Your Identity in Texas 

Texas Data Privacy and Security Act with FBI agent illustration on identity protection in Texas.

Here are some tips to help you protect your online privacy in Texas:

1. Be Cautious with Personal Information: 

Use appropriate privacy practices on the internet by paring down the disclosures on the internet particularly on social networking sites. There should be practice in reposting and always think about who could see that post.  

2. Use Strong Passwords: 

It is good to use complex and distinct passwords for all the created accounts and turn on the two-step verification where possible. 

3. Browse Privately: 

Make sure to be in private or incognito mode so that your browsing history and things you are doing online will not be monitored.  

4. Monitor Your Credit Report: 

It is also recommended to periodically check your credit report for any fraudulent activity or use of your credentials by other individuals. In this way, if you mean your privacy seriously and want to shield your own data from being sold by TDPSA, it is high time for you to introduce yourself to these best practices. 

5. Review Privacy Settings: 

Always update your online profiles, social networks, and personal / company devices’ privacy settings to avoid free access to your data.  

6. Be Cautious of Public Wi-Fi: 

Do not do any kind of financial transaction or enter any vital information while connected to public Wi-Fi because they might not be secure. 

7. Utilize Privacy-Focused Tools: 

It is recommended to use a virtual private network, encrypted messaging apps, and private search engines to improve your privacy.  

Frequently Asked Questions (FAQs)

How well do you know online privacy?

Internet privacy is the protection of one’s data while using a website or any other site on the Internet. But it is about realizing what one shares and who the information is opened to. 

What privacy issues should you be aware of if you own an online platform?

Have a well-understood concept regarding the information you gather and why you gather it. Respect people’s data by first seeking their authorization to use it. Be sure to protect all the information, and do not reveal anything without consent.

What measures can be employed so that details and activities conducted on the Internet are not accessible to the public?

Use strong passwords. Loose words are dangerous especially when expressed on a social media platform. Set up privacy control on the sites that one frequently visits and the applications that one often uses. This is not advising strangers to give out their personal information. 

What are some best practices for Internet Privacy?

Employing the VPN to mask your location. Don’t click strange links. Different passwords for different sites. Keep your software updated. 

How can I be sure that my privacy is safe online?

It is impossible to be quite certain, however, one should read privacy policies, use secure websites that contain the symbol ‘https,’ and update devices and applications. 

How can I stay safe online and protect my privacy?

Get good antivirus software. Bed courtesy on public Wi-Fi. Facebook status updates keep this in mind before sharing any information. If that is possible, please incorporate two-factor authentication.

What are some online practices that affect your privacy?

Sharing too much information on social networking sites, using ordinary passwords, not taking care of the privacy settings and even clicking on the links that are otherwise, on the advertisements can be very bad for privacy.

Conclusion:

Texas Data Privacy and Security Act TDPSA is one such act adopted in 2021 to assist the residents of Texas in safeguarding their information online and to protect online privacy. Also, it provides more rights to people for their data and covers more businesses than any other state laws. Utilizing this law, you have the right to obtain from the companies information about the data they hold, rectify the data, erase the data, or cease to use the data.

These are the rules that business entities have to adhere to; otherwise, they risk having to make massive fines. To avoid falling victim to such incidents, Texans should be wise on what they post, use passwords that are hard to guess, and browse anonymously. Currently undergoing transformation with the growth of new technologies, this law may also be subject to change in the future. 

By following the best practices mentioned earlier and staying informed about the TDPSA, you can take proactive steps to protect online privacy and safeguard your personal data in Texas. Remember, in today’s digital landscape, being vigilant about your online privacy is more important than ever.

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