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New study finds that Texas is more at risk for cyber privacy concerns than other states

According to a new study, there's still a lot the Lone Star State needs to do to protect its citzens online. Getty Images

If Texas' standards for online privacy were graded, the Lone Star State would earn an "F," a new study indicates.

An analysis of online privacy laws in the 50 states shows Texas adheres to only five (25 percent) of the 20 privacy standards examined by pro-consumer tech research website Comparetech. Just two states surpassed the 50 percent mark — California (75 percent) and Delaware (55 percent). At 5 percent, Wyoming was ranked the worst state for online privacy protection laws.

Texas did, however, have some redeeming qualities. The state has laws on the books regarding how companies dispose of consumers' data, how organizations protect data about students in kindergarten through 12th grade, how biometric data is protected, and how journalists are shielded from revealing their sources, according to Comparetech.

Ranking 23rd in the Comparetech study, Texas fell short in areas such as social media privacy, security of insurance data, third-party sharing of data, and disclosure of what types of data companies collect about consumers.

"Texas still has a long way to go in protecting its residents' privacy, particularly when it comes to how companies and government entities can collect, use, and share personal data," says Paul Bischoff, a privacy advocate with Comparetech.

During Texas' 2019 legislative session, one comprehensive measure aimed at tightening online privacy laws, the Texas Consumer Privacy Act, failed to reach the governor's desk.

However, lawmakers passed and Gov. Greg Abbott signed the Texas Privacy Protection Act. This law, far less sweeping than the Texas Consumer Privacy Act, revises notification requirements under the Texas Identity Theft Enforcement and Protection Act, according to the Data Privacy Monitor blog. It also establishes the 15-member Texas Privacy Protection Advisory Council, which will recommend future legislation tied to data privacy.

In Texas, Bischoff says, companies still "have few restrictions on how they are allowed to gather information from users, how long that data can be retained, and with whom it can be shared. Likewise, government entities like schools and law enforcement are not bound by laws that would prevent them from invading people's privacy."

He notes, however, that Texas is among only four states that protect biometric data such as fingerprints and facial-recognition scans.

Among all the states, California "sets a fairly high bar" for protection of online privacy, Bischoff says, but even it fails to meet all of the pro-privacy criteria set out in the Comparetech study.

Around the country, most people support beefing up state laws governing online privacy, he says, "but technology has outpaced legislation, so many states just need time to catch up."

Some Americans, though, doubt that any laws can safeguard their online privacy. In a 2019 survey commissioned by privacy-technology company FigLeaf Inc., 29 percent of U.S. adults said they thought it was impossible to safeguard their digital information.

"Without question, consumers are telling us that online privacy is important to them. However, far too many believe online privacy is difficult, if not impossible, to achieve," Slava Kolomeichuk, co-founder and CEO of Deerfield, Illinois-based FigLeaf, says in a news release. "This attitude is resulting in individuals who are choosing to restrict their own online activity, which limits their personal freedom. Unfortunately, current tools do not give consumers the assurance they need that it is possible to control one's own online privacy."

Control of online privacy is a serious concern for U.S. adults. In a 2019 survey by SurveyMonkey, 58 percent of adults viewed online privacy as a crisis. For Texans, this concern won't be addressed by state lawmakers until the Legislature reconvenes in 2021. Meanwhile, federal lawmakers aren't expected to take action this year on an online privacy bill.

U.S. Sen. Richard Wicker, a Mississippi Republican who chairs the Senate Commerce Committee, is one of the main sponsors of the federal privacy legislation. He says Americans deserve the same online protections regardless of where in the U.S. they live or travel.

"That means internet privacy regulations should not vary across state lines," Wicker says on his website. "Not only would 50 different privacy standards leave Americans uncertain about what is being done with their data, but a patchwork of state-level interventions could also lead to uncertainty for businesses, bad internet service, and slower economic growth."
Texas was ranked among the top states for black entrepreneurs. Getty Images

In honor of Black History Month, a study was conducted to see which states have the best environment for black entrepreneurs — and Texas rose to the top.

The Lone Star State was ranked No. 2 in the inaugural FitSmallBusiness study, only behind Georgia. Florida, California, and North Carolina rounded out the top five, in that order. The ranking factored in metrics such as start-up growth, cost-of-living, black business success, and social equality.

"Entrepreneurship is the backbone of the American economy and minority-owned businesses are no exception to that fact," says FitSmallBusiness's special projects editor, Michael De Medeiros, in the news release. "With this being the inaugural study, our goal was to focus on the data that paints an overall picture of what the African American entrepreneur faces in the business world."

Breaking down the metrics for the state, Texas ranked No. 4 for three metrics —black business success, startup climate and financial health. However, when it came to social and financial equality — which factored in education, health, mortality rate, etc. — the state ranked No. 17.

The study used reputable reports from the United States Census Bureau, WalletHub, U.S. News & World Report, and more. From these reports, the study found that black-owned firms have grown 34 percent from 2007 to 2012, to now over 2.6 million companies. The top 100 black-owned companies generated $30 billion in 2018, but only 1 percent of venture-backed startup founders were black.

In addition to these metrics, the study also polled over 1,300 U.S. citizens regarding their own experience with black entrepreneurship. When asked about opportunities for black entrepreneurs compared to recent history, over 21 percent of respondents said it was about the same; however, more than half responded that there were somewhat or much more opportunities than before.

"While we weren't surprised by certain findings, some of the state rankings told an interesting story of the unique journeys that African American entrepreneurs have to traverse," De Medeiros continues in the release. "Ultimately, we hope that our continuing work to identify the best states for minority entrepreneurship will lead to new businesses outside of just the most prosperous areas of the U.S."

Austin-based Capital Factory — a startup development and investment organization — in partnership with DivInc, has launched its second annual startup pitch competition for black founders. The application is live now, and the deadline is March 20. Five startups will be invited to pitch on April 14th at Capital Factory's Black in Tech Summit, and one will walk away with a $100,000 investment.