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Personal Data Ownership Act

As society rapidly advances into the digital era, the concept of personal property is evolving beyond physical assets to encompass the vast amounts of data generated by individuals. In an age where browsing history, clicks, location data, and shopping habits are meticulously collected by corporations, the need to reassess personal property rights in relation to data is more pressing than ever.

The Modern Dilemma: Data as Personal Property

Traditionally, personal property rights have been well-defined, encompassing physical goods and real estate. However, the rise of digital technology has introduced a new dimension of personal assets: data. Every interaction online—whether it’s a search query, a social media post, or a purchase—generates data that companies eagerly collect and analyze. This data is valuable, often forming the basis for highly profitable business models.

Yet, despite its intrinsic value, individuals typically have little control over their own data. Companies accumulate vast quantities of personal information, using it to target advertisements, influence purchasing decisions, and even make critical business decisions. This imbalance raises a fundamental question: Shouldn’t individuals have ownership over their own data?

The Right to Control and Profit

The argument for data ownership is grounded in the principles of personal autonomy and property rights. Individuals should have the absolute right to review, edit, or delete any information that corporations collect about them. This control ensures that personal data remains accurate and secure, reducing the risk of misuse or exploitation.

Furthermore, individuals should have the right to profit from the sale or transfer of their data. Just as one can sell a physical asset, personal data should be treated as a commodity that individuals can monetize if they choose. This shift would not only empower individuals but also foster a more equitable digital economy where the benefits of data collection are shared.

Proposed Legislative Framework

To address these concerns, a comprehensive legislative framework is needed to safeguard data ownership rights. The proposed “Personal Data Ownership Act” aims to establish clear guidelines for data control:

Title: Personal Data Ownership Act

Section 1: Short Title and Alternate Title

  1. Short Title: This Act shall be known as the “Personal Data Ownership Act.”
  2. Alternate Title: This Act may also be referred to as the “I Own Me” Act.

Section 2: Purpose The purpose of this act is to return ownership of data collected about a person to the person who’s data is being collected.

Section 3: Definitions

  1. Personal Data: Any information relating to an identified or identifiable natural person, including but not limited to biometrics, physical location history, internet browsing history, shopping history, Personally Identifiable Information (P.I.I.) as defined in other statutes, associations with other persons, video and audio recordings, and other biometric and DNA information. Collecting data from a device, that can be associated to a data subject, is the same as collecting data from a person (ie: personal data).
  2. Data Collector: Any entity, public or private, that collects, processes, or stores Personal Data.
  3. Data Subject: An individual whose Personal Data is collected, processed, or stored by a Data Collector.
  4. Electronic Device: Any electronic device that can be used for the collection of data on an individual, including but not limited to computers, smartphones, tablets, wearables, and IoT (Internet of Things) devices.

Section 4: Personal Data Ownership

  1. Ownership Rights: Every individual shall have personal ownership of all Personal Data collected about them, regardless of the nature of their relationship with the Data Collector. Ownership rights include:
    • History of location.
    • History of search activity.
    • History of clicks, actions, motions, or scrolls, or any other device measurements.
    • Personally Identifiable Information (P.I.I.) as defined in other statutes.
    • Video and audio recording information.
    • Other biometric and DNA information.
  2. Control Rights: Data Subjects shall have the authority to review, edit, or remove their Personal Data, in whole or in part, at any time.

Section 5: Right to Review and Edit

  1. Access to Data: Data Collectors must provide Data Subjects with access to all Personal Data collected about them upon request.
  2. Correction of Data: Data Subjects shall have the right to demand correction of inaccurate or incomplete Personal Data.
  3. Deletion of Data: Data Subjects shall have the right to demand the deletion of their Personal Data, in whole or in part, except as provided in Section 6.
  4. Non-Retaliation: A Data Collector, or a company that contracts with a Data Collector, may not cancel a person’s membership or ability to use a service due to a person requesting that their information be removed.

Section 6: Data Collection and Usage

  1. Transparency: Data Collectors must inform Data Subjects about the collection and use of their Personal Data, including the purposes for which it is collected.
  2. Consent: Data Collectors must obtain explicit consent from Data Subjects before collecting or processing their Personal Data.
  3. Parental Consent: No data may be obtained about a person under the age of 13 without parental consent.

Section 7: Exceptions

  1. Device Data Collection: This act does not apply to a device that does not store Personal Data for more than 24 hours or transmit that information to another device for storage.
  2. Governmental Data: This Act does not apply to Personal Data collected, processed, or stored by government entities for official purposes.
  3. Medical Data: This Act does not apply to Personal Data collected, processed, or stored by medical entities for the purposes of diagnosis, treatment, or healthcare management. This Act does not apply to individuals who are under the medical supervision of another.
  4. Employment Data: This Act does not apply to Personal Data collected, processed, or stored by employers for employment-related purposes.
  5. Law Enforcement Data: This Act does not apply to Personal Data collected, processed, or stored by law enforcement agencies for the purposes of criminal investigation, incarceration, public safety, or national security.
  6. Security of Persons or Property: This Act does not apply to surveillance (video and/or audio) of a person or property conducted to protect against theft, vandalism, or violence.
  7. Public Spaces: This Act does not restrict the constitutional right to record (video or audio) individuals in public places where there is no expectation of privacy, as long as such recording complies with applicable laws regarding privacy and consent.
  8. Journalistic Exemption: Journalists and media organizations shall be permitted to gather Personal Data on individuals for newsworthy stories that serve the public good, provided that such data collection is conducted in accordance with applicable laws and ethical standards for journalism.
  9. Personal and Family Data: This Act does not apply to individuals who collect and store data or documents solely for themselves or their immediate family.
  10. Ancestral Information: This Act does not apply to the retention of information related to ancestral or genealogical research.

Section 8: Enforcement and Penalties

  1. Enforcement Authority: The designated regulatory authority shall have the power to enforce the provisions of this Act.
  2. Penalties for Non-Compliance: Data Collectors found in violation of this Act shall be subject to penalties, including fines and corrective actions as determined by the regulatory authority. An individual may also sue the Data Collector in Civil Court. A plaintiff shall not be required to prove monetary damages to bring a case or have that case adjudicated.
  3. Class A Misdemeanor: It shall be a Class A Misdemeanor for any person to collect or store data on an individual without their knowledge.
  4. Corporate Responsibility: When the offender is a corporation, the highest officer of that corporation shall be held responsible for the actions of the corporation and subject to penalties as specified for individual offenders.
  5. Defense Against Prosecution:
    • It shall be a defense against prosecution if a Data Subject has signed an authorization for the collection of data, provided the data to be collected is plainly spelled out as to what is specifically collected.
    • It shall also be a defense against prosecution if the information collected is public knowledge or readily available from public sources.

Section 9: Transfer or Selling of Data

  1. Authorization Required: Data Collectors must seek explicit authorization from the Data Subject prior to transferring or selling their Personal Data to any third party.
  2. Disclosure of Terms: Data Collectors must disclose the terms of the sale or transfer, including the nature of the data being transferred and the parties involved, to the Data Subject.
  3. Right to Negotiate Compensation: The Data Subject shall have the right to negotiate compensation for the transfer or sale of their Personal Data.
  4. Retention of Rights: All other rights of the Data Subject, including the right to review, edit, or remove their Personal Data, shall be retained after the transfer or sale.

Section 10: Effective Date This Act shall take effect six months after the date of enactment.

Section 11: Severability If any provision of this Act is found to be unconstitutional or invalid, the remaining provisions shall remain in effect.

Section 12: Review and Amendment This Act shall be reviewed every five years from the date of enactment and may be amended as necessary to address emerging privacy concerns and technological advancements.

As we navigate the complexities of the digital age, reimagining personal property rights to include data is essential. By granting individuals control over their own data and the right to profit from it, we can create a more equitable and transparent digital landscape. The proposed “Personal Data Ownership Act” serves as a crucial step in this direction, aiming to establish clear and enforceable rights for data subjects, ensuring that personal data is treated with the respect and value it deserves.

References

  1. Jurcys, P. (2019). Ownership of User-Held Data: Why Property Law is the Right Approach. Retrieved from Harvard Journal of Law & Technology.
  2. Ritter, J., & Mayer, A. (n.d.). Regulating Data as Property: A New Construct for Moving Forward. Retrieved from Duke Law & Technology Review.
  3. Global Perspectives on Digital Trade Governance. (2021). Data Ownership and Data Access Rights: Meaningful Tools for Promoting the European Digital Single Market? Retrieved from Cambridge University Press.
  4. Grimmelmann, J., & Mulligan, C. (n.d.). Data Property. Retrieved from American University Law Review.
  5. Käll, J. (2020). The Materiality of Data as Property. Retrieved from Harvard International Law Journal.
  6. Leonard, P. (2020). Beyond Data Privacy: Data “Ownership” and Regulation of Data-Driven Business. Retrieved from American Bar Association.

By considering the proposals and discussions in these resources, we can work towards a legal framework that ensures data ownership rights for all.

Michael Pipkins focuses on public integrity, governance, constitutional issues, and political developments affecting Texans. His investigative reporting covers public-record disputes, city-government controversies, campaign finance matters, and the use of public authority. Pipkins is a member of the Society of Professional Journalists (SPJ). As an SPJ member, Pipkins adheres to established principles of ethical reporting, including accuracy, fairness, source protection, and independent journalism.

Council

Caught on Her Own Tape: Codi Chinn Secretly Recorded David Billings Phone Call

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Chinn's secret recordings

Chinn and Billings Bash Senator Bob Hall

Fate, TX – The political firestorm over secret recordings inside Fate City Hall just took a sharp and deeply ironic turn. Pipkins Reports has obtained an audio recording that appears to show former Fate City Councilwoman Codi Chinn secretly recording a private telephone conversation with former Mayor David Billings, despite her later public criticism of the practice.

The recording, verified through multiple sources familiar with the matter, predates the recent controversy involving Mayor Andrew Greenberg‘s recorded conversation with Chinn and Councilman Mark Hatley‘s recording of a discussion with City Manager Michael Kovacs. The discovery raises uncomfortable questions about consistency, credibility, and whether Chinn’s outrage over recorded conversations has been driven more by politics, than principle.

Pipkins Reports received a copy of a 32-minute audio recording from an anonymous source who said it originated from a recording obtained through an Open Records Request submitted to the City of Fate.

Pipkins Reports has reviewed documentation related to that request and separately confirmed the recording’s authenticity through sources with knowledge of the file maintained by the city.

Much of the conversation centers around mundane talk about MUD districts. Pipkins Reports has edited the recording to a 2-minute, 47-second excerpt focusing on the discussion involving Texas Sen. Bob Hall because it is directly relevant to matters of public interest.

During the conversation, Chinn expresses frustration with Hall’s reluctance to support legislation to strengthen child protection in schools. Stating that he is, “not interested in having that conversation.” She continues, “He is interested in getting people all riled up, but when it comes time to actually do the work, and his job, he’s nowhere to be found.

Billings echoes that frustration, and opines how he says Bob Hall, “fights dirty“, and how he has voted against cities 9 times. The conversation paints a picture of two local political figures who believe the longtime senator was not sufficiently responsive to their legislative priorities.

The policy disagreements themselves are not especially unusual. Elected officials often criticize one another behind closed doors. What makes this recording different is the hypocrisy of Chinn, stirring up outrage about “secret recordings” when she herself has been a proponent.

The Hall recording is not the only documented instance in which Chinn appears to have secretly recorded a conversation. Through a separate Open Records Request submitted by Pipkins Reports, this publication obtained a city copy of a recorded interview between Michael Pipkins and Chinn concerning her involvement in the dismissal of former Fate Department of Public Safety Chief Lyle Lombard.

That recording also predates the controversy that would inevitably follow.

According to the records produced by the City of Fate, Chinn recorded that interview without disclosing it during the conversation. The existence of multiple recordings attributed to Chinn adds additional context to the current debate over undisclosed recordings by public officials and further raises questions about the consistency between her past actions and her more recent public criticism of the practice.

But according to the evidence reviewed by Pipkins Reports, Chinn appears to have engaged, multiple times, in the very conduct she later condemned.

Texas is a one-party consent state under state law, meaning only one participant in a conversation generally must consent to its recording. If Chinn initiated or participated in the call, recording it would not necessarily violate Texas law. The issue presented here is not primarily a legal one.

It is political.


Opinion

Politics has a funny way of exposing selective outrage.

For months, Fate residents have heard lectures from Codi Chinn about how secret recordings destroy trust, poison relationships, and undermine good government. Fair enough. Those are arguments reasonable people can debate.

But what legitimate purpose would have been gained by Chinn recording a conversation with the Former Mayor?

Given this revelation, it’s possible that the recordings by others that followed Chinn, may have been a defense mechanism (even unconsciously), over a situation that they could feel was off. Couple that with the deceptions that we now know were taking place by Chinn, and other council members, as well as the city manager, and it appears that there might have been a valid justification for both Greenberg and Hatley to take the actions that they did.

There’s another layer here which is important to understand as to why Pipkins Reports chose to clip this section of the audio. Chinn and Billings were not merely venting about Sen. Hall. They were criticizing an elected state senator over legislation affecting Fate, as well as Rockwall County in general, and discussing his approach to measures involving child safety in schools. Voters deserve to hear how public officials truly feel about those issues, and how they discuss those issues when they believe no one else is listening.

This recording doesn’t settle every argument currently consuming City Hall. It does, however, remove any illusion that only one side has participated in private recordings.

Sometimes the loudest critics leave behind the clearest evidence.

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Fate, TX

City of Fate’s Law Firm Abruptly Resigns

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Richie Resigns

Fate, TX – The City of Fate is about to lose the law firm that has represented it for years.

On July 9, Andrew Messer of Messer Fort, PLLC formally notified Mayor Andrew Greenberg and the City Council that it would terminate its legal representation of the City effective July 20, giving the City just eleven days to secure new legal counsel. The brief resignation letter offers no explanation beyond stating the firm “can no longer continue to represent the City.

That single sentence is already fueling questions inside City Hall.

According to sources familiar with the matter, the firm’s departure may help explain why longtime City Attorney Jennifer Richie was absent from the July 6 City Council meeting. Instead, founding partner Andrew Messer personally attended the meeting, an unusual move that several observers immediately noticed. Sources within City Hall say the transition away from the City had already begun.

The resignation itself is remarkably concise.

In the letter dated July 9, Andrew Messer thanked the City “for the opportunity to serve as the City Attorney for the City of Fate,” before stating that the firm could no longer continue its representation and would assist with transitioning matters to new legal counsel through July 20. No reason for the departure is provided.

Under the City’s own published description of the City Attorney’s responsibilities, legal counsel serves in one of the most influential roles in municipal government. Those duties include advising the City Council and staff on Texas open meetings law, ethics requirements, public information requests, contracts, development agreements, employment law, litigation, municipal court matters, utilities regulation, and land use issues.

The City Council is ultimately responsible for selecting legal counsel, although municipalities commonly contract with outside law firms rather than employ an in-house attorney.

While neither the City nor Messer Fort has publicly announced why the relationship is ending, multiple sources told Pipkins Reports that concerns over recent legal advice may have contributed to the firm’s decision to withdraw.

One issue concerns the City’s handling of secret audio recordings that became the subject of disputes under the Texas Public Information Act.

In recent months, Messer Fort submitted two separate requests to the Texas Attorney General seeking permission to withhold portions of audio recordings requested under the Public Information Act. According to documents previously reviewed by Pipkins Reports, the Attorney General issued different rulings for the two requests.

Sources familiar with those proceedings contend the firm chose to apply the more restrictive interpretation to both rulings rather than favoring disclosure, despite Texas law generally presuming government records are public unless an exception clearly applies.

Another dispute centered on allegations that Mayor Andrew Greenberg improperly disclosed personal medical information concerning a City employee contained within one of the recordings.

According to sources, Messer Fort argued the information should remain confidential when requesting an Attorney General ruling. However, the request allegedly failed to disclose what those same sources describe as a significant fact: the employee had died before the recording was released.

Under Texas law, privacy protections that apply to living individuals may not continue in the same manner after death, depending on the information involved and the applicable legal standards. The omission of that fact, according to sources familiar with the dispute, may have affected the Attorney General’s review of the matter.

The issue has reportedly been returned to the Attorney General’s Office for further consideration regarding what information, if any, must ultimately be withheld and what must be released to the public.

Neither Messer Fort nor Jennifer Richie has publicly commented on those allegations, and Pipkins Reports has not independently confirmed whether those matters played any role in the firm’s resignation.

For now, the City must move quickly to retain replacement counsel before July 20.

Opinion

Government attorneys occupy a unique position. They don’t represent politicians. They don’t represent bureaucrats. They represent the municipal corporation, and ultimately the public interest within the bounds of the law.

That’s why transparency matters so much.

Texas didn’t write the Public Information Act to help governments hide embarrassing records. The Legislature deliberately built the law around a presumption that public records belong to the public unless a clearly established exception applies, and governments must seek permission to withhold information.

When legal advice appears to lean toward secrecy instead of disclosure, public confidence inevitably suffers, people begin wondering whether lawyers are protecting the law, protecting city hall, or protecting chosen politicians.

Of course, none of this proves why Messer Fort resigned. It would be irresponsible to claim otherwise.

But the timing is difficult to ignore. A law firm that has represented Fate for years suddenly announces it “can no longer continue” representing the City without explanation, just days after its lead attorney is absent from a council meeting and amid ongoing disputes over public records. Texans are entitled to ask questions.

And those questions deserve answers.

Whether the resignation stems from disagreements over legal strategy, internal business decisions, or something else entirely, residents should expect the City Council to explain how it intends to move forward, who will advise the City next, and whether the legal approach to transparency will change with new counsel.

The people of Fate deserve nothing less.

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Fate, TX

Exclusive: Text Messages Reveal Former Fate Mayor Continued to Receive Inside Access to City Hall After Leaving Office

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Billings - Kovacs Texts

Private conversations between former Mayor David Billings and City Manager Michael Kovacs raise new questions about influence, transparency, and who really had access to City Hall.

Fate, TX – Text messages obtained between former Fate Mayor David Billings and City Manager Michael Kovacs reveal a relationship that continued well after Billings left elected office—one in which the former mayor was regularly discussing active city business, asking for information unavailable to the public, and at times appearing to direct or advise the city’s chief executive officer.

The conversations, which span numerous topics, occurred between May 1, 2025 and December 31, 2025, paint the picture of a former elected official who maintained extraordinary access to City Hall without submitting Open Records Requests required of ordinary citizens.

While former elected officials frequently maintain friendships with city staff, these exchanges raise broader questions about whether Billings continued to wield informal influence over municipal operations after voters had elected a new city council.

Direct Access Outside the Open Records Process

Throughout the messages, Billings repeatedly asks Kovacs questions regarding ongoing city matters and receives prompt responses.

Rather than directing Billings to publicly available records or suggesting he submit an Open Records Request, Kovacs routinely answers questions directly, provides updates, and discusses city operations.

For residents seeking similar information, the City of Fate has frequently required formal Public Information Act requests, and in many instances has asserted legal exceptions to disclosure of city business.

The contrast between the public process and the private communications is likely to invite scrutiny.

Discussions of Active Public Safety Matters

Among the more striking conversations are discussions involving registered sex offenders.

Billings questions Kovacs about individuals living within the city and asks whether Fate has anyone violating local sexual offender restrictions.

According to the texts, Billings asks:

“Are you sure we have no one in violation of the Fate sexual offenders laws.”

Rather than declining to discuss an active law enforcement matter, Kovacs responds with detailed information about multiple individuals, explaining that one suspect had fled, another was moving away, and describing the status of investigations.

Kovacs also tells Billings that police were reviewing maps to determine whether additional offenders might be hiding within prohibited areas.

The conversation continues with Billings asking follow-up questions about which offender local residents were monitoring and commenting that he would remain silent regarding information not yet known publicly.

Later in the exchange, Billings promotes the value of automated license plate readers, noting from his own experience that they quickly tracked down criminals.

Whether any of this information was confidential under Texas law would ultimately depend on the status of the investigations and applicable law enforcement exceptions. Regardless, the exchange demonstrates that Billings was being briefed on ongoing public safety matters despite no longer serving in elected office.

A Former Mayor Giving Direction

The conversations also show Billings offering more than casual opinions.

On multiple occasions he appears to instruct or advise Kovacs regarding city operations.

Among the examples:

  • Billings tells Kovacs, “You should get Codi educated and onboard.”
  • Billings advises that the police chief “needs to take threats more seriously,” adding that he would explain later.
  • Billings offers recommendations regarding technology and law enforcement practices.
  • He regularly asks follow-up questions that resemble those of an active policymaker rather than a private citizen.

While city managers routinely receive advice from many individuals, these exchanges suggest Billings occupied a uniquely influential position long after his term ended.

The Discovery Warning

Perhaps the most revealing exchange comes when the discussion turns to Department of Public Safety matters.

Kovacs informs Billings that the text messages involving DPS (ie: Chief Lyle Lombard) will be captured during the discovery process.

Following that warning, the conversations regarding those subjects effectively stop.

For observers familiar with litigation, the significance is difficult to ignore.

Discovery is the legal process through which communications and documents become subject to production in lawsuits.

Whether Kovacs was simply acknowledging that the communications would eventually become public or signaling that sensitive discussions should no longer occur by text is open to interpretation.

What is evident is that once the prospect of discovery is raised, the subject matter changes.

For journalists, that transition may prove one of the more noteworthy portions of the exchange.

Access Not Available to Ordinary Citizens

Perhaps the broader issue raised by the messages is one of unequal access.

Residents seeking information from City Hall generally must:

  • Submit formal Open Records Requests.
  • Wait statutory response periods.
  • Potentially pay production fees.
  • Sometimes litigate withheld records.

Billings, by contrast, appears simply to send a text message directly to the City Manager.

The exchanges suggest that information concerning city operations, policing issues, development, and other municipal matters flowed privately between the city manager and a former elected official without the formal transparency mechanisms available to the public.

Whether that arrangement was appropriate is ultimately a matter for residents to decide.

Questions Raised

The messages raise several questions deserving public answers:

  • Why was a former mayor receiving updates on active city business instead of obtaining information through public channels?
  • What role, if any, did Billings continue to play in influencing municipal decisions after leaving office?
  • Were other former elected officials afforded similar access?
  • Were any discussions conducted outside the public record to avoid future disclosure?
  • Should communications between city leadership and former elected officials concerning municipal business be subject to greater transparency?

None of the texts, standing alone, establish wrongdoing.

However, they do provide an unusual window into the continuing relationship between the City’s top administrator and a former mayor whose official authority had already ended.

For a community that has increasingly questioned transparency at City Hall, the messages are likely to fuel renewed debate over who truly had access to the decision-makers—and whether some voices carried more weight than others.

Read the entire conversation of text messages we have obtained here:


(Edited: Higher Resolution File Uploaded: )

Edited: Additional pages that were corrupted from above:

*Edited: Meanwhile, if you are a citizen, you get this:

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