What is the Texas TDPSA and Does It Apply to "Tech Injury" Outside of Government Action?

The 2024 Texas TDPSA statute is formally known as the Texas Data Privacy and Security Act and is meant to protect "consumers" from entities doing business in Texas or offering products or services consumed by Texas residents. This Act involves the processing of personal information with a few exceptions.
The TDPSA provides consumers the following rights:
* the right over their own personal data
* the right to access to their own personal data
* the right to correct to their own personal data
* the right to delete their own personal data
* the right to port their own personal data
* the right to "opt-out" of certain targeted advertising
* the right to prevent their personal data from being sold
* the right to not be "profiled" in certain ways
* the obligation of any applicable business to provide certain applicable notices
* the obligation of any applicable business to minimize certain data
* the obligation of any applicable business to provide certain reasonable data security
* the obligation of any applicable business to obtain consent to retain certain data
* the obligation of any applicable business to provide certain controls with contractors
* the obligation of any applicable business to conduct data protection assessments
The above protections and obligations are more detailed when reading the Act but the above provides a general overview.
Though positive, this Act lacks having stronger enforcement as any enforcement is specifically vested with only the Texas Attorney General, an elected official. Injured Texas residents are reliant upon the Texas Attorney General to take action to cure and remedy any violation as no private Cause of Action exists under this Act. In sum, the TDPSA is a only a public enforcement tool. Unfortunately this is a "consumer protection" Act that the consumer cannot themselves access.
Again, definitely a positive act meant to protect Texas consumer residents but unfortunately its authority and power is limited to one Texas Agency thereby lacking the degree of enforcement it could have if expanded to allow viable and valid personal Tort Causes of Action.
"People v. Tech"
