Texas Email Privacy Guide: Laws, Rights & Protection 2025

Texas Data Privacy and Security Act (TDPSA)

**Effective Date:**

TDPSA took effect July 1, 2024.

**Who It Covers:**

Applies to businesses that: - Conduct business in Texas or target Texas residents - Process or sell personal data - Are not small businesses under SBA definition

**Your Rights Under TDPSA:**

- **Right to Access**: Know what personal data is collected - **Right to Correct**: Fix inaccurate data - **Right to Delete**: Request deletion of your data - **Right to Portability**: Receive data in usable format - **Right to Opt Out**: Decline targeted advertising, data sales, and profiling

**Notable Features:**

- No revenue threshold (unlike California) - Small business exemption based on SBA definition - 45-day response requirement - Universal opt-out mechanism recognition

Texas Data Broker Law

**Data Broker Registration:**

Texas requires data brokers to: - Register with the Secretary of State - Pay annual registration fee - Provide certain disclosures

**What Are Data Brokers:**

Companies that collect and sell personal information about people they don't have direct relationships with: - People search websites - Background check companies - Marketing data companies - Consumer data aggregators

**Your Rights with Data Brokers:**

Under Texas law: - Brokers must be registered - You can find registered brokers on state website - You can request deletion (under TDPSA) - Some brokers offer opt-out directly

**The Challenge:**

Despite registration requirements: - Many brokers operate nationally - Data spreads quickly - Opting out is time-consuming - Prevention (temp email) is easier than cleanup

Exercising Your Texas Privacy Rights

**Making Requests:**

To exercise TDPSA rights: 1. Find company's privacy policy 2. Look for Texas-specific rights section 3. Submit request through their process 4. Verify your identity as required

**Response Timeline:**

- 45 days for initial response - Can extend 45 additional days with notice - Must explain any denial

**If Rights Are Denied:**

- Company must explain the reason - You can appeal the decision - File complaint with Texas Attorney General - AG has enforcement authority

**Attorney General Enforcement:**

The Texas AG: - Receives consumer complaints - Can investigate violations - Can seek civil penalties - Prioritizes patterns of violations

Practical Privacy for Texans

**Daily Digital Life:**

Texas residents face typical American data collection: - Major retailers tracking purchases - Energy companies monitoring usage - Property records are public - Toll systems track movement

**Texas-Specific Considerations:**

**Property Records:** - County records are public - Your address is easily findable - Consider PO Box for privacy

**Energy Data (ERCOT):** - Smart meters collect usage data - Granular data can reveal habits - Review utility privacy settings

**Toll Systems:** - TxTag links to your identity - Consider pay-by-mail options - Review account settings

**Sports and Entertainment:** - Dallas Cowboys, Houston Texans, etc. - Austin music venues - Use temp email for tickets

Building Your Texas Privacy Stack

**Essential Tools:**

1. **Temporary Email**: For signups and trials 2. **VPN**: For browsing privacy 3. **Password Manager**: For secure credentials 4. **Privacy Browser**: Firefox or Brave 5. **Opt-Out Services**: Help with data broker removal

**Step-by-Step Privacy:**

**Week 1 - Foundation:** - Start using temp email for new signups - Review existing account list - Install privacy browser

**Week 2 - Cleanup:** - Unsubscribe from unwanted emails - Delete unused accounts - Review social media settings

**Week 3 - Rights:** - Submit access requests to major companies - Opt out of data broker lists - Review data broker registrations

**Ongoing:** - Temp email for all exploration - Annual privacy audit - Stay informed on law changes

Texas vs. Other State Laws

**Comparison:**

| Feature | Texas | California | Virginia | |---------|-------|------------|----------| | Right to Delete | Yes | Yes | Yes | | Right to Correct | Yes | Yes | Yes | | Opt-Out of Sales | Yes | Yes | Yes | | Revenue Threshold | No | Yes ($25M) | No | | Private Right of Action | No | Limited | No | | Effective Date | 2024 | 2020 | 2023 |

**Texas Strengths:**

- No revenue threshold for applicability - Universal opt-out recognition - Data broker registration requirement

**Texas Weaknesses:**

- No private right of action - Enforcement relies on AG - Small business exemption

**Practical Impact:**

Regardless of specific laws: - Temp email prevents data collection - Prevention beats correction - Tools work everywhere