Controllers holding deidentified data must take reasonable steps to keep it from being linked to an individual, publicly commit not to reidentify it, and require recipients to follow the chapter’s rules.
Sec. 541.106. DEIDENTIFIED OR PSEUDONYMOUS DATA. (a) A controller in possession of deidentified data shall: (1) take reasonable measures to ensure that the data cannot be associated with an individual; (2) publicly commit to maintaining and using deidentified data without attempting to reidentify the data; and (3) contractually obligate any recipient of the deidentified data to comply with the provisions of this chapter. (b) This chapter may not be construed to require a controller or processor to: (1) reidentify deidentified data or pseudonymous data; (2) maintain data in identifiable form or obtain, retain, or access any data or technology for the purpose of allowing the controller or processor to associate a consumer request with personal data; or (3) comply with an authenticated consumer rights request under Section 541.051, if the controller: (A) is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data; (B) does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and (C) does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted by this section. (c) The consumer rights under Sections 541.051(b)(1)-(4) and controller duties under Section 541.101 do not apply to pseudonymous data in cases in which the controller is able to demonstrate any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing the information. (d) A controller that discloses pseudonymous data or deidentified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or deidentified data is subject and shall take appropriate steps to address any breach of the contractual commitments. Added by Acts 2023, 88th Leg., R.S., Ch. 995 (H.B. 4), Sec. 2, eff. July 1, 2024.