Washington Privacy, Minors and Data Broker Bills Fail for 2020 - Articles

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Washington Privacy, Minors and Data Broker Bills Fail for 2020

Washington Privacy, Minors and Data Broker Bills Fail for 2020

Despite the Evergreen State legislature's efforts, complicated consumer privacy legislation, minors privacy provisions, and data broker restrictions all faltered, dying at the end of Washington's 2020 legislative session.

  • The 2020 versions of the Washington Privacy Act (H.B. 2742 and S.B. 6281), comprehensive privacy legislation somewhat modeled on the EU General Data Protection Regulation (GDPR), failed to pass. The biggest dispute from 2019, how to handle facial recognition, was ironed out to activist satisfaction in 2020. However, the Act couldn't overcome disputes between the state House and Senate over provisions most important to activists, especially enforcement via a private right of action (which the House demanded). Overall, the Washington Privacy Act fails to embrace much of the new model for privacy regulation put forward by the Insights Association with Privacy for America, but more importantly, it would add to the cascade of state fractures in what should obviously be a federal regulatory issue.
  • The Washington State Charter of Personal Data Rights (H.B. 2364), high-level legislation similar to the Washington Privacy Act that would have been enforced by private lawsuits, never picked up any momentum.
  • Washington H.B. 2442, legislation that would grant Washington state residents under the age of 18 a right to have their posted content deleted, in addition to a variety of restrictions on marketing activities with minors, passed the House, but faltered in Senate committee.
  • Washington H.B. 1503, legislation modeled on the recent California data broker registry law, similarly ran out of steam in Senate committee.

The Insights Association appreciates Washington state's hesitation on all these bills and will work towards improving all of them should they reemerge in the 2021 legislative session.

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