Elizabeth Dill Quoted by Texas Lawyer on Data Breach Notification Laws

(October 30, 2019) - Philadelphia Partner Elizabeth R. Dill was recently quoted by the Texas Lawyer for an article about the rapidly evolving area of data breach notification laws. The article, titled "Texas is One of Few States With Laws Regulating Residents' Biometric Data, but that Could Soon Change," reviews the current state of such laws when it comes to biometric information, and what lies ahead for legislation across the country.

As the article notes, only 16 states have laws that require notification if a resident's biometric information, such as fingerprints, is breached. The article focuses on Texas' HB 4390 , which was signed into law this past June and includes provisions specifically regarding biometric data. The law also includes a stringent timing requirement for Texas business, requiring all impacted individuals to be given notice within 60 days whenever a breach has occurred. It also requires the Texas attorney general to be notified if at least 250 Texas residents are notified, and created a privacy protection advisory council charged with studying data privacy laws and providing recommendations.

Ms. Dill notes that these updated laws in Texas and other states are an indication that legislators are now more closely examining the collection of biometric data.

“What we have seen as states have expanded this definition of personal information is that they are paying increased attention to protection of more information,” said Ms. Dill. “There are a lot of different types of information that can be used to identify individuals and states are becoming more of an advocate to protect their citizens’ data.”

Ms. Dill is a member of Lewis Brisbois' Data Privacy & Cybersecurity Practice. She has extensive experience advising clients on the preparation of risk assessments and incident response plans, as well as assessing and allocating risks, rights, and obligations in contractual relationships as they pertain to data security. She is also a frequent contributor to the firm's Digital Insights blog.

Read the full Texas Lawyer article here (subscription may be required).

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