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RE: LeoThread 2024-10-04 10:07

in LeoFinance3 months ago

Texas is Suing TikTok for Allegedly Violating Its New Child Privacy Law


Texas has filed a lawsuit against TikTok for allegedly breaching its new child privacy law, which mandates age verification and parental controls. The state claims TikTok's features are inadequate for parents to manage their children's privacy effectively.


#TikTok #ChildPrivacy #newsonleo

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What is the Texas Privacy law?

The Texas Privacy law, also known as the Texas Biometric Information Act (TBIA), is a state law that regulates the collection, use, and disclosure of biometric data, including digital technology data. The law was enacted in 2015 and became effective on January 1, 2017.

Key Provisions of the Texas Privacy law

The Texas Privacy law provides the following key provisions regarding digital technology data:

  1. Definition of Biometric Data: The law defines biometric data as any unique physical or behavioral characteristic used to identify an individual, including fingerprints, facial recognition data, iris scans, and other digital technology data.
  2. Notice Requirements: The law requires that individuals be notified in writing of the collection, use, and disclosure of their biometric data, including any digital technology data.
  1. Consent Requirements: The law requires that individuals provide explicit consent before their biometric data, including digital technology data, is collected, used, or disclosed.
  2. Data security Requirements: The law requires that biometric data, including digital technology data, be stored and transmitted in a secure manner to prevent unauthorized access or disclosure.
  1. Data retention Requirements: The law requires that biometric data, including digital technology data, be retained for no longer than necessary to achieve the purpose for which it was collected.
  2. Data Disposal Requirements: The law requires that biometric data, including digital technology data, be disposed of in a secure manner to prevent unauthorized access or disclosure.

Scope of the Texas Privacy law

The Texas Privacy law applies to any entity that collects, uses, or discloses biometric data, including digital technology data, in the state of Texas. This includes:

  1. Private companies: Private companies that collect, use, or disclose biometric data, including digital technology data, for commercial purposes.
  1. Public entities: Public entities that collect, use, or disclose biometric data, including digital technology data, for official purposes.
  2. Government agencies: government agencies that collect, use, or disclose biometric data, including digital technology data, for official purposes.

Penalties for Non-Compliance

The Texas Privacy law provides penalties for non-compliance, including:

  1. Civil penalties: Civil penalties of up to $2,000 per violation for non-compliance with the law.
  2. Criminal penalties: Criminal penalties, including fines and imprisonment, for knowingly violating the law.

Examples of Digital Technology Data Covered by the Texas Privacy law

The Texas Privacy law covers a wide range of digital technology data, including:

  1. Fingerprint data: Fingerprint data collected from fingerprint scanners or other devices.
  2. Facial recognition data: Facial recognition data collected from cameras or other devices.
  3. Iris scan data: Iris scan data collected from iris scanners or other devices.
  1. Digital images: Digital images collected from cameras or other devices.
  2. Voice recognition data: voice recognition data collected from voice assistants or other devices.
  3. Biometric data collected from wearable devices: Biometric data collected from wearable devices, such as smartwatches or fitness trackers.

How the Texas Privacy law Applies to Digital Technology Data

The Texas Privacy law applies to digital technology data in the following ways:

  1. Data collection: The law requires that individuals be notified in writing of the collection of their biometric data, including digital technology data.
  2. Data use: The law requires that individuals provide explicit consent before their biometric data, including digital technology data, is used for any purpose.
  3. Data disclosure: The law requires that individuals be notified in writing of the disclosure of their biometric data, including digital technology data.
  1. Data retention: The law requires that biometric data, including digital technology data, be retained for no longer than necessary to achieve the purpose for which it was collected.
  2. Data disposal: The law requires that biometric data, including digital technology data, be disposed of in a secure manner to prevent unauthorized access or disclosure.

Examples of Digital Technology Data that are Covered by the Texas Privacy law

The following examples of digital technology data are covered by the Texas Privacy law:

  1. Fingerprint data: Fingerprint data collected from fingerprint scanners or other devices.
  2. Facial recognition data: Facial recognition data collected from cameras or other devices.
  3. Iris scan data: Iris scan data collected from iris scanners or other devices.
  4. Digital images: Digital images collected from cameras or other devices.
  1. Voice recognition data: Voice recognition data collected from voice assistants or other devices.
  2. Biometric data collected from wearable devices: Biometric data collected from wearable devices, such as smartwatches or fitness trackers.

How to Comply with the Texas Privacy law

To comply with the Texas Privacy law, individuals and organizations must:

  1. Notify individuals: Notify individuals in writing of the collection, use, and disclosure of their biometric data, including digital technology data.
  2. Obtain consent: Obtain explicit consent from individuals before their biometric data, including digital technology data, is collected, used, or disclosed.
  1. Implement data security measures: Implement data security measures to prevent unauthorized access or disclosure of biometric data, including digital technology data.
  2. Retain data: Retain biometric data, including digital technology data, for no longer than necessary to achieve the purpose for which it was collected.
  3. Dispose of data: Dispose of biometric data, including digital technology data, in a secure manner to prevent unauthorized access or disclosure.

Conclusion

The Texas Privacy law provides important protections for individuals' biometric data, including digital technology data. Individuals and organizations must comply with the law by notifying individuals in writing of the collection, use, and disclosure of their biometric data, obtaining explicit consent, implementing data security measures, retaining data for no longer than necessary, and disposing of data in a secure manner.