Signed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to pass a bill that regulates collection of biometric identifiers for commercial use.

Highlights:

• Prohibits collecting biometric data for commercial purposes without providing notice, obtaining consent, or providing a mechanism to prevent subsequent use (Sec. 1).

• Specifies that biometric data refers to measurable biological or behavioral characteristics unique to an individual, such as a fingerprint, voiceprint, or eye retina (Sec. 1).

• Prohibits biometric data from being used or disclosed in a way inconsistent with the original terms under which it was provided, unless new consent is obtained (Sec. 2).

• Authorizes the sale, lease, or disclosure of biometric data for a commercial purpose without an individual's consent so long as that data is (Sec. 2):

• Necessary in providing a product or service sought by an individual;

• Necessary in a financial transaction that an individual requested or authorized;

• Required or expressly authorized under a federal or state statute or court order;

• Made to a third party with specified restrictions; or

• Made to prepare for litigation or for the purpose of judicial process.

• Requires an entity in possession of biometric data to guard against unauthorized access to it and adhere to the state’s retention limitations (Sec. 2).

• Authorizes the collection of biometric data without an individual’s consent if doing so is for a security purpose such as preventing shoplifting, fraud, or theft of intangible or tangible goods or services (Sec. 2).

• Specifies that nothing in this bill limits the authority of law enforcement officers acting within the scope of their job (Sec. 5).

• Authorizes the Attorney Gender to bring an action under the Consumer Protection Act in order to restrain and prevent violations of this bill (Sec. 4).

• Specifies that biometric data does not include physical or digital photographs, video or audio recordings, or an individual’s health care history (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that regulates collection of biometric identifiers for commercial use.

Highlights:

• Prohibits collecting biometric data for commercial purposes without providing notice, obtaining consent, or providing a mechanism to prevent subsequent use (Sec. 1).

• Specifies that biometric data refers to measurable biological or behavioral characteristics unique to an individual, such as a fingerprint, voiceprint, or eye retina (Sec. 1).

• Prohibits biometric data from being used or disclosed in a way inconsistent with the original terms under which it was provided, unless new consent is obtained (Sec. 2).

• Authorizes the sale, lease, or disclosure of biometric data for a commercial purpose without an individual's consent so long as that data is (Sec. 2):

• Necessary in providing a product or service sought by an individual;

• Necessary in a financial transaction that an individual requested or authorized;

• Required or expressly authorized under a federal or state statute or court order;

• Made to a third party with specified restrictions; or

• Made to prepare for litigation or for the purpose of judicial process.

• Requires an entity in possession of biometric data to guard against unauthorized access to it and adhere to the state’s retention limitations (Sec. 2).

• Authorizes the collection of biometric data without an individual’s consent if doing so is for a security purpose such as preventing shoplifting, fraud, or theft of intangible or tangible goods or services (Sec. 2).

• Specifies that nothing in this bill limits the authority of law enforcement officers acting within the scope of their job (Sec. 5).

• Authorizes the Attorney Gender to bring an action under the Consumer Protection Act in order to restrain and prevent violations of this bill (Sec. 4).

• Specifies that biometric data does not include physical or digital photographs, video or audio recordings, or an individual’s health care history (Sec. 3).

Full Bill Text