Vetoed by Governor Jay Inslee

Vote Smart's Synopsis:

Vote to amend and pass a bill that increases security and privacy for COVID-19 health data collected by private entities.

Highlights:

• Defines “covered organization” as any individual or government entity that collects, uses, or discloses COVID-19 health data of Washington residents electronically or through communication by wire or radio for a COVID-19 health purpose, or develops or operates a website, application, or mobile operating system for tracking, screening, monitoring, or contact tracing (Sec. 2).

• Prohibits a covered organization from collecting, using, or disclosing COVID-19 health data (Sec. 2).

• Specifies that “covered organization” does not include the following, including, but not limited to (Sec. 2):

• A health care provider or health care facility;

• A public health agency or the Department of Labor;

• The state long-term care ombuds program;

• An individual or entity acting as a covered entity or business associate;

• A service provider; or

• An individual acting in their individual or household capacity.

• Defines “COVID-19 health data” as the following, including, but not limited to (Sec. 2):

• Information that reveals the past, present, or future physical or behavioral health condition of an individual;

• Data derived from the testing or examination of a body or bodily substance, or a request of such testing;

• Information on whether or not the individual has contracted or been tested for a disease or disorder;

• Biometric data;

• Geolocation data;

• Proximity data;

• Demographic data; and

• Contact information for identifiable individuals.

• Exempts COVID-19 health data from disclosure under the Public Records Act (Sec. 9).

Full Bill Text