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Privacy Tracker | Texas Breach Law, Nevada Social Media Law Related reading: ACLU files class-action lawsuit against Clearview AI


Texas Broadens Breach Notification Law
While Texas has had a breach notification law on the books for a while now that applies to citizens of states without a notification law, it recently passed Senate Bill 1610, which increases the scope further.

Gant Redmon writes for CO3Systems Blog that the new law applies to everyone affected by a breach—regardless of the law in their state of residence; gives organizations the choice of reporting under Texas law or that of the state of the affected person, and allows written notification to go to the last known address.

This law differs from many other state breach laws in its perspective. Redmon writes, “While most state laws apply when its residents have been affected by a breach, Texas law applies to persons dealing with personal information who conduct business in Texas,” adding that no matter what the new law requires, “best practice will remain notifying under the law of the state where the affected party resides.”

Nevada Social Media Law Has Broad Scope
Nevada has become the 11th state to pass an employee social media law. Effective October 1, employers may not ask employees or prospective employees for information that would provide access to their social media accounts. Nor are employers allowed to fire, discipline or discriminate in any way against employees or prospective employees who do not share that information with them.

One point to note is that the Nevada law defines social media broadly as “any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, electronic mail programs or services, online services or Internet website profiles,”  essentially saying it applies to any online account. So, while the law’s restrictions are narrower than many similar laws, the scope is broader, according to Littler’s Workplace Privacy Counsel blog.

Nevada joins Arkansas, California, Colorado, Illinois, Maryland, Michigan, New Mexico, Oregon, Utah and Washington in passing a social media law.


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