{"id":99035,"date":"2025-07-10T10:35:05","date_gmt":"2025-07-10T10:35:05","guid":{"rendered":"https:\/\/veridas.com\/?p=99035"},"modified":"2025-07-16T08:22:28","modified_gmt":"2025-07-16T08:22:28","slug":"triaga-in-texas-what-businesses-need-to-know-about-ai-and-biometric-security","status":"publish","type":"post","link":"https:\/\/veridas.com\/en\/triaga-in-texas-what-businesses-need-to-know-about-ai-and-biometric-security\/","title":{"rendered":"TRIAGA in Texas: What Businesses Need to Know About AI and Biometric Security"},"content":{"rendered":"

Have you ever wondered why using face biometric authentication<\/strong><\/a> for security was so legally complicated in Texas? If you’re a business owner, a tech innovator, or care about how privacy and safety work together, this news matters.<\/span><\/p>\n

Texas has just approved a groundbreaking update that <\/span>clears the confusion<\/b> around biometric technology, finally making it clear when and how it can be used to keep people and places safe.<\/span><\/p>\n

The Old Problem: CUBI and the Legal Gray Area<\/h2>\n

Since 2009, Texas has regulated biometric data under the <\/span>Capture or Use of Biometric Identifier Act (CUBI)<\/b>. The law required private companies to <\/span>notify individuals and obtain their consent<\/b> before collecting biometric identifiers \u2014 like facial scans, fingerprints, or retina images \u2014 for <\/span>“commercial purposes.”<\/b><\/p>\n

But here\u2019s where things got tricky.<\/span><\/p>\n

CUBI was written <\/span>long before<\/span><\/i> artificial intelligence (AI) and facial recognition tools became part of everyday security systems. It didn\u2019t distinguish between selling products and protecting property.<\/span><\/p>\n

So what happened?<\/h3>\n

If a retail store in Texas wanted to use facial recognition to stop a repeat shoplifter, it would \u2014 in theory \u2014 have to <\/span>first notify that person and ask for consent.<\/b> Not exactly a practical crime prevention strategy.<\/span><\/p>\n

This gap left many businesses stuck in a <\/span>legal gray zone<\/b>, uncertain if using AI for safety could get them into legal trouble.<\/span><\/p>\n

The Solution: TRIAGA Brings Clarity<\/h2>\n

Enter the <\/span>Texas Responsible Innovation in AI Act (TRIAGA)<\/b> \u2014 a major legislative update passed in 2025.<\/span><\/p>\n

TRIAGA amends the CUBI Act by introducing a <\/span>clear exemption<\/b> for <\/span>AI systems used for security purposes<\/b>. That means companies no longer need to provide notice or get consent when AI is used specifically to:<\/span><\/p>\n

    \n
  1. Prevent or respond to <\/span>security incidents<\/b>, fraud, or illegal activity.<\/span><\/li>\n
  2. Protect the <\/span>integrity and safety<\/b> of systems.<\/span><\/li>\n
  3. Investigate or prosecute <\/span>criminal acts.<\/b><\/li>\n<\/ol>\n

    This isn\u2019t a loophole. It\u2019s a well-defined legal exception, designed to help Texans benefit from <\/span>modern safety technology<\/b> while maintaining strong <\/span>privacy safeguards<\/b> in non-security contexts.<\/span><\/p>\n

    Important note<\/b>:<\/span> This exemption applies to <\/span>AI systems<\/b>, not to biometric systems in general.<\/span><\/p>\n

    Harmonization: Aligning with TDPSA<\/h2>\n

    TRIAGA also brings <\/span>legal harmony<\/b>.<\/span><\/p>\n

    Texas has already passed the <\/span>Texas<\/b> Data<\/b> Privacy<\/b> and<\/b> Security<\/b> Act<\/b> (TDPSA)<\/b>, which allows data to be processed for security reasons. Now, CUBI is aligned with TDPSA, creating a <\/span>consistent, predictable legal framework<\/b> for businesses operating in the state.<\/span><\/p>\n

    That\u2019s good news for everyone \u2014 from startups building fraud detection tools to major retailers enhancing on-site security.<\/span><\/p>\n

    What Does This Mean in Practice?<\/h2>\n

    With TRIAGA now in place, companies and organizations in Texas can confidently use biometric technologies \u2014 including facial recognition \u2014 for <\/span>legitimate security purposes<\/b>.<\/span><\/p>\n

    Here are some practical applications that are now clearly permitted:<\/span><\/p>\n