Texas Attorney general Ken Paxton is launching a new initiative to protect data privacy.
Attorney General Ken Paxton announced today the launch of a new major initiative to protect citizens’ sensitive data from unauthorized exploitation by tech companies and artificial intelligence.
The initiative was launched under the umbrella of the Attorney General Office Consumer Protection Division and established a team for “aggressive enforcement” of state privacy laws. It will also “ensure companies respect Texans’ privacy rights and safeguard their personal data.”
According to a press release from Paxton’s office, the data protection team is set to be one of the largest privacy law enforcement teams in the entire United States.
“Any entity abusing or exploiting Texans’ sensitive data will be met with the full force of the law,” said Paxton. “Companies that collect and sell data in an unauthorized manner, harm consumers financially, or use artificial intelligence irresponsibly present risks to our citizens that we take very seriously.
“As many companies seek more and more ways to exploit data they collect about consumers, I am doubling down to protect privacy rights,” he continued. “With companies able to collect, aggregate, and use sensitive data on an unprecedented scale, we are strengthening our enforcement of privacy laws to protect our citizens.”
Specifically, the new team will focus on enforcing the Data Privacy and Security Act, the Identify Theft Enforcement and Protection Act, the Data Broker Law, the Biometric Identifier Act, the Deceptive Trade Practices Act, and federal laws such as the Children’s Online Privacy Protection Act and the Health Insurance Portability and Accountability Act.
“Texas has been a national leader in advancing conservative technology policy, and this initiative is the perfect complement to legislative wins in recent sessions as it will ensure Texas has the expertise and firepower to enforce laws that protect consumers and hold Big Tech accountable,” said David Dunmoyer—the Texas Public Policy Foundation Better Tech for Tomorrow campaign director.
“Big Tech companies have gleefully flouted laws like the Children’s Online Privacy Protection Act for years, and in the absence of meaningful federal action, this initiative demonstrates Texas’ willingness to once again step into the breach and fight on behalf of Texans,” he continued. “This initiative will only further cement Texas’ national leadership in this space.”
This is the latest development in Texas’ efforts to crack down on data privacy infringement. In mid-summer of last year, Gov. Greg Abbott signed the Texas Data Privacy & Security Act into law.
The law applies to primarily businesses and entities who conduct business in the state of Texas or produce a product consumed by Texans, process or engage with the sale of personal data, and who are not considered “small businesses” unless the business has its hand in transactions of personal data.
That enforcement effort sounds both needed and deserved, but the question is how you enforce those laws when they cows have not only left the barn, but have been sucked down and sliced up into thousands of vast international data farms far beyond the regulatory reach of the state of Texas.
Big data lives and breathes on personal data that you’ve agreed to give up in variegated clauses scattered throughout the sprawling text swamps of terms and conditions for online sites you use for free.
Have a Facebook account? Congratulations! Every bit of information you’ve shared with Facebook (your friends network, your interests, the sports teams you follow, the foods you favor, etc.) is now available to every partner of Facebook. And everyone partners with Facebook. If they have your email address or your phone number, they have your data.
Ditto Google, with the additional proviso that Google has sucked up and cataloged pretty much every public database in the world, plus every single search query you’ve launched, ever, and every web page you’ve ever viewed through Chrome.
Ditto Microsoft, for LinkedIn (yes, Microsoft bought LinkedIn), Windows, Explorer, Edge, Bing, etc.
Ditto Twitter for everything you’ve ever tweeted or liked there.
Ditto Sony, whose PlayStation Network data got hacked.
Ditto Apple, though they seem to have better privacy protection provisions than most, mainly because they make their money off hardware. This doesn’t make them the good guys, just the least bad buys.
Even Samsung sucks down data to target ads at you.
And don’t forget state, location and federal government entities, whose data security is probably several orders of magnitude worse than the tech giants.
Given that there’s so much personal data out there, so much legally acquired, how do you go about putting the genie back in the bottle? It’s a near impossible task, given that the tech giants not only hire armies of lawyers to defend themselves from lawsuits, but also lobbyists to write laws protecting them from said lawsuits.
One place to start: Joining in a lawsuit where Facebook’s parent company Meta actually used stolen data to train AI, namely using a giant database of pirated books without paying authors. Paxton’s office could join one of the lawsuits against Meta, or file a new one on behalf of Texas authors whose work was used without compensation.
Catching a tech giant with their pants down while actually breaking the law may give Paxton leverage to address other privacy concerns, and possibly the chance to do some eye-opening discovery…
