Texas Privacy laws & HR compliance analysis

Texas Privacy: What you need to know

The legal claim of invasion of privacy is made up of four distinct theories. Texas recognizes three of the four; namely, intrusion upon solitude or seclusion, public disclosure of private facts (e.g., unreasonable publicity given to one's private life), and appropriation of one's name or likeness. Although several lower courts and federal courts interpreting Texas law have recognized false light invasion of privacy, the Texas Supreme Court has so far declined to recognize the claim (Cain v. Hearst Corp., 878 S.W. 2d 577 (Tex. 1994)).
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State law prohibits intentionally intercepting, endeavoring to intercept, or procuring another person to intercept a wire, oral, or electronic communication. The law also prohibits the disclosure or use of the contents of the communication. The law allows interception under certain circumstances, including interception in the ordinary course of business and interception with the prior consent of one of the parties to the communication. Violation of the statute is considered a felony (Tex. Penal Code Sec. 16.02).
Placing an electronic tracking device on a vehicle to monitor the occupants’ movements is illegal without the vehicle owner’s consent (Tex. Penal Code Sec. 16.06).
It is a felony to obtain, possess, transfer, or use another person's identifying information without the other person's consent with intent to harm or defraud the other person (Tex. Penal Code Sec. 32.51). Identifying information is defined as any information that identifies an individual, including a person's: name and Social Security number (SSN), date of birth, or government-issued identification number; biometric data (i.e., fingerprints, voice prints, and retina ...

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