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House Bill 2365 — State of Washington, 66th Legislature (2020 Regular Session)

Summary

House Bill 2365, State of Washington 66th Legislature, 2020 Regular Session, prefiled 01/10/20 by Representatives Smith, Hudgins, Leavitt, Young, Wylie, Kloba and Pollet, and referred to the Committee on Innovation, Technology & Economic Development. The bill relates to notifying Washington consumers of products that transmit user data and directs the office of privacy and data protection to develop a user data transmission sticker. Effective January 1, 2022, it makes it unlawful to sell or offer for sale at retail a connected device product that transmits user data to the device manufacturer or any separate business entity unless the product package is labeled with the sticker. It adds a new chapter to Title 19 RCW and provides an expiration date.

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Cite this document

“House Bill 2365 — State of Washington, 66th Legislature (2020 Regular Session).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-15-a26231-bill-2365-0bc9d7dc1f/, SHA-256 7b7cad2dd4f65b10666212c8b33d1c5a4c94eacb2c2b0c2fdfe7805037fd2b15.

Full text

     H-3712.1

                                HOUSE BILL 2365


     State of Washington       66th Legislature       2020 Regular Session

     By Representatives Smith, Hudgins, Leavitt, Young, Wylie, Kloba, and
     Pollet

     Prefiled 01/10/20. Read first time 01/13/20. Referred to Committee
     on Innovation, Technology & Economic Development.




1        AN ACT Relating to notifying Washington consumers of products
2    that transmit user data; adding a new chapter to Title 19 RCW; and
3    providing an expiration date.


 4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 5       NEW SECTION.    Sec. 1.    The definitions in this section apply
 6   throughout   this  chapter   unless  the   context  clearly   requires
 7   otherwise.
 8       (1) "Connected device" means any device or other physical object
 9   that is capable of connecting to the internet, directly or
10   indirectly, and that is assigned an internet protocol address or
11   bluetooth address.
12       (2) "Office" means the office of privacy and data protection.
13       (3) "User data" means any information.


14       NEW SECTION. Sec. 2. (1) The office shall develop a user data
15   transmission sticker for the purpose of notifying Washington
16   consumers that a connected device has the capability to transmit user
17   data to the device manufacturer or any separate business entity. The
18   data transmission sticker must:
19       (a) Have a design that is easily identifiable and understandable
20   to children and adults;
                                      p. 1                          HB 2365
 1       (b) Include a graphic that appeals to children and adults;
 2       (c) Be effective in alerting consumers that the product collects
 3   and transmits user data to the device manufacturer or any separate
 4   business entity; and
 5       (d) Be easy to use for manufacturers and retailers of applicable
 6   connected devices.
 7       (2)   In  determining   whether  a   sticker   design  meets the
 8   requirements specified under subsection (1) of this section, the
 9   office must:
10       (a) Facilitate focus group discussions with children and adults
11   to solicit feedback on the design of the sticker; and
12       (b) Research existing labels intended to appeal to both children
13   and adults to use as a model for the sticker.
14       (3) This section expires January 1, 2022.


15       NEW SECTION.    Sec. 3.   (1) Effective January 1, 2022, it is
16   unlawful for a person or entity in Washington to sell or offer for
17   sale at retail a connected device product that transmits user data to
18   the device manufacturer or any separate business entity, unless the
19   product package is labeled with a user data transmission sticker
20   developed by the office.
21       (2) The user data transmission sticker must be:
22       (a) Placed in a prominent location on the principal display panel
23   or front of the product package;
24       (b) Of a size so as to be legible and readily visible by the
25   consumer;
26       (c) No smaller than an inch in diameter, unless recommended by
27   the office;
28       (d) Displayed on the product package in a manner that is not
29   altered or cropped; and
30       (e) Made available by the office in digital form to manufacturers
31   without cost. The digital file for the user data transmission sticker
32   must be made available on the office's web site.
33       (3) The office may adopt rules necessary to implement this
34   section.


35       NEW SECTION.     Sec. 4.    Sections 1   through   3   of   this   act
36   constitute a new chapter in Title 19 RCW.

                                  --- END ---

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