TEXASDATA LAW

Guide outline Draft outline

Sensitive Data and Biometric Privacy in Texas

Sensitive data is not one category: how Texas, federal, and foreign definitions differ, and why CUBI and the TDPSA must not be conflated.

LG14 · Hub: Sensitive and Sector Data · Intended reader: Sector counsel, compliance leaders, and data stewards

Scope

Compares the distinct Texas, federal, and foreign definitions for the same dataset: precise location, health, biometrics, genetic information, children's data, and revealing inferences, without applying one definition universally. Texas relevance: CUBI's biometric-identifier definition and the TDPSA's sensitive-data category are different Texas definitions with different duties, and conflating them is the most common Texas drafting error.

Section outline

  1. Deck: "Sensitive data is not one category: how Texas, federal, and foreign definitions differ, and why CUBI and the TDPSA must not be conflated."
  2. Short answer: definition map, CUBI duties, TDPSA sensitive-data duties, consent.
  3. Section: Why One Definition Cannot Be Used Universally.
  4. Section: TDPSA Sensitive Data.
  5. Section: CUBI Section 503.001 Biometric Identifiers.
  6. Section: HB 149 Amendments to CUBI.
  7. Section: CUBI Versus TDPSA: The Distinction.
  8. Section: Precise Geolocation.
  9. Section: Health, Genetic Information, and Children's Data.
  10. Section: Generated Sensitive Inferences.
  11. Section: Publicly Available Images.
  12. Section: AI Model Training and Unique Identification Limits.
  13. Section: Fraud and Security Uses.
  14. Section: Consent.
  15. Section: Data Repurposing.
  16. Section: Biometric-Enforcement Allegations.
  17. What Is Unsettled: identification-limit and repurposing questions.
  18. Sources.
  19. Related reading: LG01 (applicability), LG02 (TDPSA duties), /definitions/what-is-cubi/ (CR04, sourced from LG14), AI-site biometrics companion (both, below).

Assigned content modules

  • G50: Sensitive Data Categories and Heightened Controls
  • G51: Biometric Privacy in Texas

Required research sections

  • CUBI section 503.001 biometric identifiers (what it covers)
  • HB 149 amendments to CUBI (what it covers)
  • TDPSA sensitive data versus CUBI biometric identifiers (what it covers; the distinction)
  • Publicly available images (what it covers)
  • AI model training, unique identification limits (what it covers)
  • Fraud and security uses (what it covers)
  • Consent for biometric collection (what it covers)
  • Data repurposing (what it covers)
  • Precise geolocation (what it covers; CG04 required coverage)
  • Generated sensitive inferences (what it covers)
  • Biometric-enforcement allegations (what it covers)

Research anchors and owner works

Anchors: L01, L03, L05, L08, L10. Owner works: A01, A05 (dependencies; content to be supplied by owner, not invented)

Owner works: A01, A05 (dependencies; content to be supplied by owner, not invented).

Sister-site crossover

both. The data site writes the general Texas privacy and biometric reference; the AI site retains AI collection, inference, training, and use. Verified companion: https://texasailaw.com/guides/personal-data-and-biometrics/ (Appendix F mode: both).

Industry: All industries
Track: Compliance

Related reading

  • applicability