Texas law requires certain businesses that experience a data breach of system security to notify affected consumers AND also to provide notice of that data breach to the Office of the Texas Attorney General if the breach affects 250 or more Texans.
Effective September 1, 2021, the notice you provide to the Texas Attorney General must report the number of Texans that you have notified of the breach by mail or email.
To facilitate this reporting, the Texas Attorney General provides a Data Breach Submission form which you may submit to the Attorney General electronically.
How do I provide this required Data Breach Notice to the Texas Attorney General’s Office?
You may fill out the Data Breach Notice form provided and submit it electronically.
Before you fill out the form, here is what you need to know:
- The system can NOT save your form, so you will need to complete it in one sitting.
- To prepare, you can preview the form.
- Do NOT hit the “back” button on your browser, or your submission will be cleared.
- Your data breach notice is potentially an open record. This means that members of the general public may file an open-records request to obtain a copy of your completed form.
- If you experienced more than one breach, please submit a separate data breach notice for each.
- If you are a consumer who wants to report a breach or to provide information, do NOT fill out this form and instead provide information using this complaint form: Consumer Complaint Form .
What happens after I submit my completed Data Breach Notice form?
You will automatically receive a confirmation email to let you know that your notice was successfully submitted. You will also receive a record number. Please retain that email and your assigned record number for your files.
The Consumer Protection Division of the Attorney General’s office will contact you with follow up questions, if any.
Effective September 1, 2021, the Attorney General will also post a listing of breach notifications at its website as required by House Bill 3746.
What if I have questions about the Texas Identity Theft Enforcement and Protection Act and its requirements?
For your convenience, review the Texas Identity Theft Enforcement and Protection Act, or Texas House Bill 3746.
If you have questions about how the law applies to you or need interpretations of the law, please consult with your attorney or call the TMDA for a referral. The Office of the Attorney General may not serve as your lawyer or provide legal advice or interpretations of the law.
Can you recommend someone to help my dealership prevent a data breach from occurring?
We sure can! Associate Member, Accelerate2Compliance (A2C), has a solution that can provide you with dealer assessments, vendor assessments, policies and procedures, and information security awareness training.CONTACT THEM to get started today!