As Washington State Privacy Bill Returns, So Do Enforcement Concerns
Washington state’s attorney general office said it's “encouraged” by changes to a privacy bill that failed in two previous years due to enforcement and other questions (see 2003120035). The AG office recommends adding a sunset date to the right to…
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cure in SB-5062, and seeks a private right of action, said AG office Legislative Director Yasmin Trudeau at a Senate Environment, Energy and Technology virtual hearing Thursday. Consumer advocates raised concerns that the bill, with opt-out rather than opt-in protections, puts too much onus on the consumer to exercise their rights compared with companies. It provides an “illusion of privacy protections,” with too many exemptions and not enough teeth, said American Civil Liberties Union-Washington Technology and Liberty Project Manager Jennifer Lee: That “corporate-centric approach” failed in previous sessions. Including a private right of action needn’t lead to a flood of complaints if appropriately limited, said Washington State Association for Justice Government Affairs Director Larry Shannon. The bill fails to cover Google and Facebook, while preempting local governments from making stronger protections, said Consumer Federation of America Director-Consumer Protection and Privacy Susan Grant. SB-5062 builds on the General Data Protection Regulation and California Privacy Right Act, said Microsoft Senior Director-Public Policy Ryan Harkins. Business groups including the Washington Technology Industry Association and Washington Retail Association also supported the bill. The bill would exempt nonprofits for five years, but the American Heart Association thinks it should never apply, said Senior Attorney Kristen Knauf. Millions of dollars in compliance costs mean that much less funding for cardiovascular research, she warned. Sponsor Sen. Reuven Carlyle (D) said he worked hard to incorporate suggestions: “This has been a long two-and-a-half years on this issue.” The committee plans to meet again Jan. 21 on SB-5062.