CHAPTER 559. STATE GOVERNMENT PRIVACY POLICIES - Texas Statutes

GOVERNMENT CODE

TITLE 5. OPEN GOVERNMENT; ETHICS

SUBTITLE A. OPEN GOVERNMENT

CHAPTER 559. STATE GOVERNMENT PRIVACY POLICIES

Sec. 559.001. DEFINITION. In this chapter, "state governmental

body" means a governmental body as defined by Section 552.003

that is part of state government.

Added by Acts 2001, 77th Leg., ch. 1059, Sec. 1, eff. Sept. 1,

2001.

Sec. 559.002. RIGHT TO BE INFORMED ABOUT INFORMATION COLLECTED.

It is the policy of this state that an individual is entitled to

be informed about information that a state governmental body

collects about the individual unless the state governmental body

is allowed to withhold the information from the individual under

Section 552.023.

Added by Acts 2001, 77th Leg., ch. 1059, Sec. 1, eff. Sept. 1,

2001.

Sec. 559.003. RIGHT TO NOTICE ABOUT CERTAIN INFORMATION LAWS AND

PRACTICES. (a) Each state governmental body that collects

information about an individual by means of a form that the

individual completes and files with the governmental body in a

paper format or in an electronic format on an Internet site shall

prominently state, on the paper form and prominently post on the

Internet site in connection with the electronic form, that:

(1) with few exceptions, the individual is entitled on request

to be informed about the information that the state governmental

body collects about the individual;

(2) under Sections 552.021 and 552.023 of the Government Code,

the individual is entitled to receive and review the information;

and

(3) under Section 559.004 of the Government Code, the individual

is entitled to have the state governmental body correct

information about the individual that is incorrect.

(b) Each state governmental body that collects information about

an individual by means of an Internet site or that collects

information about the computer network location or identity of a

user of the Internet site shall prominently post on the Internet

site what information is being collected through the site about

the individual or about the computer network location or identity

of a user of the site, including what information is being

collected by means that are not obvious.

Added by Acts 2001, 77th Leg., ch. 1059, Sec. 1, eff. Sept. 1,

2001.

Sec. 559.004. RIGHT TO CORRECTION OF INCORRECT INFORMATION.

Each state governmental body shall establish a reasonable

procedure under which an individual is entitled to have the state

governmental body correct information about the individual that

is possessed by the state governmental body and that is

incorrect. The procedure may not unduly burden an individual

using the procedure.

Added by Acts 2001, 77th Leg., ch. 1059, Sec. 1, eff. Sept. 1,

2001.

Sec. 559.005. APPLICABILITY OF AND CONSTRUCTION WITH PUBLIC

INFORMATION LAW. (a) Chapter 552 governs the charges that a

state governmental body may impose on an individual who requests

information the governmental body collects about the individual.

The governmental body may not charge an individual to correct

information about the individual.

(b) To the extent of a conflict between this chapter and the

public information law, Chapter 552, Chapter 552 controls.

Added by Acts 2001, 77th Leg., ch. 1059, Sec. 1, eff. Sept. 1,

2001.