2023 AWB Legislative Review | Page 14

2023 legislative review
of $ 75,000,000 or more to disclose its efforts to eradicate human trafficking and forced labor from its direct supply chain for tangible goods offered for sale , with a report sent to the attorney general and the Legislature . This is a noble cause but the bill as written was cumbersome to the point of being unworkable . AWB pushed to make this bill match the California system that has been in place for several years . SB 5541 did not make it out of the Senate .
technology privacy
HB 1051 robocalling
Passed / AWB Supported sponsor : Rep . Mari Leavitt , D-University Place
AWB convened employers , the attorney general ’ s office and legislators to put together a bill that protects people from unwanted and harassing robocalls . AWB wanted to make sure the bill properly provided for the legitimate needs of businesses to connect with their existing customers . With employers at the table helping convene a conversation about protecting both consumers and employers , AWB was able to support HB 1051 , which passed unanimously out of the House and Senate .
HB 1155 consumer health privacy
Passed / AWB Other sponsor : Rep . Vandana Slatter , D-Bellevue that treat all data as equal and does not provide a right to cure for non-recurring errors on non-sensitive data , make this policy unique and challenging amongst the landscape of data privacy legislation and introduces incredible risk for entities seeking to comply . Additionally , the exclusion of large important health data sets , including health data managed by state agencies , does not fully protect Washington consumers . AWB also opposed the bill ’ s private right of action ( PRA ) for individuals under the Consumer Protection Act ( CPA ). AWB ended the session “ other ” on the underlying bill but joined other business organizations in sending a letter to the governor about missed opportunities on how to better address the goals of the bill without creating such a heavy impact on employers . With the proposed amendments , this bill would still have provided heightened protections by :
• Requiring that consumers consent regarding the collection , sharing , and use of health data ;
• Prohibiting the sale of consumer health data without valid authorization signed by the consumer ;
• Empowering consumers with the right to have their health data deleted ; and
• Making it unlawful to utilize a geofence around a facility that provides health care services .
Further , many of the amendments proposed were consistent with components supported and adopted by the Legislature in previous data privacy legislation , aligned with federal implementing regulations for sectoral privacy laws , and are congruous to alreadyenacted data privacy laws in other states . Unfortunately , those proposed amendments were not adopted , and the bill moved forward with those concerns not being addressed . HB 1155 passed the Senate 27-21 and the House 57-40 .
AWB engaged extensively on HB 1155 . The bill addresses the collection , sharing , and selling of consumer health data . AWB had several concerns , including definitions that are inconsistent with existing law . The expansive definition of consumer health data to include any data that could be used to infer a health outcome or condition — past , present and future — plus the enforcement provisions
Rep . Mari Leavitt , D-University Place , is the Deputy Majority Whip in the House .
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