Bill: HB 1493 — 2017
Concerning biometric identifiers (Morris, Harmsworth, Smith)
Prohibits a person from enrolling a biometric identifier of an individual in a database to create identification of the individual, or changing the use of an enrolled biometric identifier, without first providing clear and conspicuous notice and obtaining the individual's consent.
1ST SUBSTITUTE COMPARED TO ORIGINAL:
The provisions relating to notice and consent are modified as follows:
-A person may provide notice, obtain consent, or provide a way to prevent subsequent use before enrolling a biometric identifier, instead of needing to both provide notice and obtain consent.
-The notice provided must be readily available to affected individuals, instead of being clear, conspicuous, and given through a procedure reasonably designed to be prominent, timely, relevant, and easily accessible.
-The sale, lease, or disclosure of a biometric identifier is permitted if consent is
The prohibitions on enrolling a biometric identifier in a database without notice or consent, and subsequent use and disclosure, are limited to instances that involve a commercial purpose. The definition of "commercial purpose" is narrowed to when furthering a sale or disclosure to a third party. A person must knowingly possess a biometric identifier for the retention and protection provisions to apply.
Specific exclusions are made:
-for activities subject to the federal Health Insurance Privacy and Portability Act of 1996; and
-for the collection, capture, enrollment or storage of a biometric identifier for a security purpose.
A violation under the CPA is to limited to enforcement by the Attorney General.
-The definition of "security purpose" is broadened to include other purposes in furtherance of protecting the security or integrity of software, accounts, applications, online services, or any person.
-"Unique biological patterns" are added to the definition of biometric identifier.
-A number of other minor and technical revisions are included.
Hearing Date: Tuesday, March 28, 2017 -- 1:30 pm
WA State Legislature Link:
http://app.leg.wa.gov/billsummary?BillNumber=1493&Year=2017 (opens a new browser tab)
|Information Technology||Governor Signature||2017-03-28|