2020 Legislative Review & Vote Record | Page 18

2020 legislative review
Sen . Reuven Carlyle , D-Seattle , is chair of the Senate Environment , Energy & Technology Committee .
of businesses that collect or process personal data . The bill included a private right of actions and consumer protection violations . AWB opposed this bill .
SHB 2363 creating the charter of personal data rights
Failed / AWB Opposed
Substitute House Bill 2363 , sponsored by Rep . Norma Smith , R-Clinton , would have created an absolute privacy right in the person ’ s biometric identifiers . It would have set up a task force to examine issues related to infringement on the biometric identifier privacy rights by biometric surveillance technology . This bill would redefine biometric data as a property right . This would fundamentally change how the courts and existing law treat the expectation of privacy doctrine . AWB was opposed to this bill .
ESSB 6280 concerning the use of facial recognition services
Passed / AWB Neutral Senate Version / Opposed House Amendment
Engrossed Substitute Senate Bill 6280 , sponsored by Sen . Joe Nguyen , D-West Seattle , requires state or local government agencies to develop reports regarding the use of facial recognition . It would create requirements regarding public notification , testing prior to deployment , independent testing for accuracy across distinct subpopulations , and service operator training . It would prohibit the use of a service for ongoing surveillance , except in support of law enforcement and pursuant to a search warrant . It would establish a facial recognition task force . The bill was amended on the House floor . AWB opposed the striking amendment to SB 6280 from Rep . Debra Entenman , D-Kent . The reason for opposition was because the amendment :
• Contained a private right of action ;
• Said private companies are subject to stiffer fines and penalties than government ;
• Required an opt-in for every private use , so using in a security setting would be prohibited ;
• Required multiple layers of legislative process and meetings with varying timelines , resulting in a de facto moratorium due to the length of time it would take to approve use of the technology ;
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