Recovering the data is fine under the new statute. Hell, even investigating into why it happen is fine, as long as the failure was not in connection with a crime (someone hacked your DB).
It makes specific reference to PC repair, and not needing to be a licnesed investigation company, unless you are creating reports based on recovered data.
An excerpt from the Opinion Summary: "Computer repair or support services should be aware that if they offer to perform investigative services, such as assisting a customer with solving a computer-related crime, they must be licensed as investigators. The review of computer data for the purpose of investigating potential criminal or civil matters is a regulated activity under Chapter 1702 of the Texas Occupations Code, as is offering to perform such services. Section 1702.102 provides as follows:"
As you can see, if you're fixing a dead MOBO, HDD, or other hardware, virus issues etc, you DO NOT need to be a licensed PI or Investigations Company.
The person who published this article needs to be flogged, repeatedly. They have a gross misunderstanding of the law, and sadly this legislation was passed in Sept 2007, nearly 9 months ago. Old news is old....
The updated legislation makes specific references to data investigations. You can retreive the data, put it on a CD, etc. So long as you do not investigate the data, create reports based on it etc, you do not require a PI license. For computer repair, so long as you do not offer a service to investigate recovered data, you are in the clear. You can recover all the old, deleted files you like, and not have to be a licensed PI or Investigation Company.
Again, who ever wrote this story has done way more harm than good....
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Recovering the data is fine under the new statute. Hell, even investigating into why it happen is fine, as long as the failure was not in connection with a crime (someone hacked your DB).
Here is a link to the opinion summary by the TX PSB. http://www.txdps.state.tx.us/psb/docs/psb_opin_sum.pdf/
It makes specific reference to PC repair, and not needing to be a licnesed investigation company, unless you are creating reports based on recovered data.
An excerpt from the Opinion Summary: "Computer repair or support services should be aware that if they offer to perform investigative services, such as assisting a customer with solving a computer-related crime, they must be licensed as investigators. The review of computer data for the purpose of investigating potential criminal or civil matters is a regulated activity under Chapter 1702 of the Texas Occupations Code, as is offering to perform such services. Section 1702.102 provides as follows:"
As you can see, if you're fixing a dead MOBO, HDD, or other hardware, virus issues etc, you DO NOT need to be a licensed PI or Investigations Company.
The person who published this article needs to be flogged, repeatedly. They have a gross misunderstanding of the law, and sadly this legislation was passed in Sept 2007, nearly 9 months ago. Old news is old.... The updated legislation makes specific references to data investigations. You can retreive the data, put it on a CD, etc. So long as you do not investigate the data, create reports based on it etc, you do not require a PI license. For computer repair, so long as you do not offer a service to investigate recovered data, you are in the clear. You can recover all the old, deleted files you like, and not have to be a licensed PI or Investigation Company. Again, who ever wrote this story has done way more harm than good....