issue area reports | employment law & privacy
HB 1850 protecting and enforcing the foundational data privacy rights of washingtonians
Failed / AWB Opposed
House Bill 1850 was introduced by Rep . Vandana Slatter , D-Bellevue . This bill would have created the Washington State Consumer Data Privacy Commission vested with administrative powers , and rulemaking and enforcement authority to implement and enforce ( Senate Bill 5062 ). It further allowed for a private right of action under Senate Bill 5062 after the administrative enforcement process determines that a violation has occurred and if specified requirements are met . It also imposed an annual fee on controllers and processors of personal data .
The most concerning provision in HB 1850 was the enforcement section . It would have created three separate enforcement provisions . They are a commission / agency enforcement , attorney general Consumer Protection Act enforcement and a private right of action . This would create a system of regulation through litigation . AWB worked with the prime sponsor of the bill to try to find solutions to our concerns . However , because of the of the agreement to link SB 5062 and HB 1850 , AWB opposed both bills . Both bills failed to move .
SB 5813 establishing data privacy protections to strengthen a consumer ’ s ability to access , manage , and protect their personal data
Failed / AWB Opposed
have regulated the collection and security practices for personal data of children and adolescents , requiring data brokers to register with the state and to comply with consumer requests to exercise rights of access , delete , or correct . Consumers would have the right to opt out of processing for purposes of targeted advertising or the sale of personal data . The attorney general , in consultation with the state privacy office , would adopt rules establishing technical specifications for do-not-track mechanisms . AWB had several concerns with this legislation . The primary concern was the limited private right of action provisions . PRAs disproportionately impact small business and result in regulation by litigation . The bill failed to move .
ESHB 1846 providing a tax preference for rural and nonrural data centers
Passed / AWB Opposed
Engrossed Substitute House Bill 1846 was introduced by Rep . April Berg , D-Mill Creek . AWB supports most of the bill , including the expansion and extension of the existing sales and use tax exemption for data centers in rural counties . Unfortunately , the bill also requires data centers receiving an exemption to be developed under a community workforce agreement or project labor agreement ( PLA ), for new construction work performed on computer data center site . AWB has always objected to these types of agreements . Because of the PLAs , AWB was opposed . The bill passed the House 68-30 and the Senate 36-13 .
Senate Bill 5813 was introduced by Sen .
Reuven Carlyle , D-Seattle . The bill would Ross Baker , public policy director for Virginia Mason Franciscan Health , asks a question of State Rep . Larry Hoff , R-Vancouver , during a talk on workplace law at the 2022 AWB Legislative Day & Hill Climb in January .
Bill considered as part of AWB ’ s voting record
Favorable outcome for Washington businesses
Missed Opportunities
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