July 26, 2007
This is in response to a request for an opinion letter regarding whether the changes to Section 1702.104 affected by House Bill 2833 apply to the above-referenced businesses. The concern was with the following language, added as subsection (b) to 1702.104:
For purposes of subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public
Specifically, the question was asked whether this subsection would apply to the provision of “electronic data discovery” services to the legal and corporate community, such that a license would be required under the Private Security Act (Chapter 1702 of the Texas Occupations Code).
Of course, the phrase ‘electronic data discovery’ encompasses many activities, some of which may require licensure. However, if:
- The company does not obtain or secure data by way of an investigative analysis;
- Does not analyze or review the content of the data;
- Processes the data (provided by others) in order to create a database that can be searched by the lawyer/clients; and/or
- Reproduce or retrieve the documents or images upon request of the clients;
Then it would appear that the company is not engaging in activities for which a private investigations company license is required.