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.