Texas Mandates Stronger Online Privacy Protections for Minors
Austin, TX – Texas has implemented significant new safeguards for children's online privacy through the Texas Data Privacy and Security Act (TDPSA), also known as HB 18. Signed into law on June 18, 2023, and effective July 1, 2024, this legislation requires businesses to obtain specific consent before processing certain data from minors, marking a major step in protecting young Texans online.
Key Provisions of the Texas Data Privacy and Security Act (TDPSA) for Children
The TDPSA establishes several critical requirements for businesses handling the data of known children (under 18 years old):
- **Parental Consent (Under 13):** Adheres to the federal Children's Online Privacy Protection Act (COPPA), requiring verifiable parental consent before collecting, using, or disclosing personal information from children under 13.
- **Consent for Sensitive Data & Sale (Under 18):** Requires opt-in consent from the consumer (or parent if under 13) before processing sensitive personal data or selling the personal data of any known child under 18.
- **Right to Opt-Out of Targeted Advertising:** Grants consumers (parents acting for children, or minors themselves if 13+) the right to opt out of having their personal data processed for targeted advertising.
- **Data Access and Control:** Provides rights for consumers (including parents acting for children) to access, correct, delete, and obtain a copy of their child’s personal data held by businesses.
- **Clear Consent Mechanisms:** Mandates that companies establish reasonable procedures to verify consent appropriate to the child's age.
- **Enforcement:** Empowers the Texas Attorney General to investigate violations and impose penalties on non-compliant companies.
Advocates Applaud Enhanced Protections
Supporters, including child safety advocates and lawmakers, praise the TDPSA for strengthening protections against potential online risks. State Representative Giovanni Capriglione, a key author of HB 18, emphasized the need to update laws for the digital age, stating that the TDPSA gives Texans, including parents, meaningful control over personal data. "Parents deserve the tools to manage what information companies collect about their children and how it's used," echoed child advocacy groups.
Implementation Considerations for Businesses
While lauded for its protective measures, the TDPSA introduces compliance challenges for businesses operating in Texas. Industry voices note the complexities of age verification and consent management systems required under the law. However, the legislative focus remains clear: prioritizing the safety and privacy of young Texans in the increasingly complex online environment.
Enforcement and National Trend
The Texas Attorney General's office is tasked with enforcing the TDPSA, with violations potentially leading to significant penalties. The passage of this comprehensive state privacy law, including its specific protections for minors, reflects a growing national trend. "Texas joins other states in recognizing that children deserve heightened data privacy protections online," noted a spokesperson for a consumer rights organization. "We anticipate more states will follow this model."
Resources for Parents
Parents seeking to learn more about protecting their children's online privacy can consult these resources:
- The Office of the Texas Attorney General - Consumer Protection Division
- The National Center for Missing and Exploited Children (NCMEC) - Online Safety Resources
- ConnectSafely - Parent Guides to Social Media and Online Safety