ILR Comments to Texas Privacy Protection Council Survey

The U.S. Chamber Institute for Legal Reform (ILR) submitted comments to the Texas Privacy Protection Advisory Council, urging Texas to adopt privacy legislation that balances consumer protection with the need to foster innovation and economic growth. ILR emphasizes that the best approach would be a unified federal privacy law, but in the absence of such a law, Texas should avoid a patchwork of state regulations that could create confusion and compliance challenges for businesses.

ILR’s recommendations focus on procedural safeguards to prevent unnecessary litigation and ensure a predictable regulatory environment. Key suggestions include precluding private rights of action, instituting notice and cure periods for businesses to address violations, offering safe harbors for compliance, capping civil penalties, and vesting exclusive enforcement authority with the Texas attorney general rather than private litigants or municipalities. These measures are designed to protect legitimate businesses from opportunistic lawsuits and to encourage responsible data practices without stifling innovation.

The letter concludes by encouraging Texas to learn from the successes and failures of other states, and to prioritize policies that protect consumers while supporting technological advancement and economic prosperity. ILR provides its Privacy Toolkit as a resource for policymakers and urges the Council to consider these recommendations as it develops privacy and data protection laws for the state.