May 312017
 
 May 31, 2017  Laws

Rebecca Yergin writes:

On May 16, 2017, Governor Jay Inslee signed into law H.B. 1493—Washington’s first statute governing how individuals and non-government entities collect, use, and retain “biometric identifiers,” as defined in the statute.  The law prohibits any “person” from “enroll[ing] a biometric identifier in a database for a commercial purpose, without first providing notice, obtaining consent, or providing a mechanism to prevent the subsequent use of a biometric identifier for a commercial purpose.”  It also places restrictions on the sale, lease, and other disclosure of enrolled biometric identifiers.  With the new law, Washington has become only the third state after Illinois and Texas to enact legislation that regulates business activities related to biometric information.  Although the three laws seek to provide similar consumer protections around the collection, use, and retention of biometric data, the Washington law defines the content and activity it regulates in different terms, and, similar to Texas, but unlike Illinois, the Washington law does not provide a private right of action.

Read more on Covington & Burling Inside Privacy.

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