Bill Analysis — HB 2365, Washington State House of Representatives (Hearing 1/15/20)
Summary
A House Bill Analysis of HB 2365, Notifying Washington consumers of products that transmit user data, from the Washington State House of Representatives Office of Program Research for the Innovation, Technology & Economic Development Committee, with a hearing date of 1/15/20. It lists Representatives Smith, Hudgins, Leavitt, Young, Wylie, Kloba and Pollet as sponsors. The brief summary says the bill directs development of a sticker and provides that, beginning January 1, 2022, a connected device product sold at retail in Washington that transmits user data must be labeled with it. The analysis also gives background on the Office of Privacy and Data Protection and states that the bill takes effect 90 days after adjournment of the session in which it is passed.
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“Bill Analysis — HB 2365, Washington State House of Representatives (Hearing 1/15/20).”
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Washington State BILL
House of Representatives
Office of Program Research ANALYSIS
Innovation, Technology & Economic
Development Committee
HB 2365
Brief Description: Notifying Washington consumers of products that transmit user data.
Sponsors: Representatives Smith, Hudgins, Leavitt, Young, Wylie, Kloba and Pollet.
Brief Summary of Bill
Directs the Office and Privacy and Data Protection to develop an easily identifiable,
understandable, and appealing sticker to notify consumers that a product transmits
user data to the product manufacturer or a separate business entity.
Provides that, beginning January 1, 2022, any connected device product sold at retail
in Washington that transmits user data must be labeled with a user data transmission
sticker.
Hearing Date: 1/15/20
Staff: Kyle Raymond (786-7190).
Background:
The Consolidated Technology Services (CTS) agency supports state agencies as a centralized
provider and procurer of certain information technology services. Within the CTS, the Office of
the Chief Information Officer (OCIO) has certain primary duties related to information
technology for state government, which include establishing statewide enterprise architecture
and standards for consistent and efficient operation. The Office of Privacy and Data Protection
(OPDP) is within the OCIO.
The OPDP serves as a central point of contact for state agencies on policy matters involving data
privacy and data protection. The Chief Privacy Officer serves as the director of the OPDP. The
OPDP conducts annual privacy reviews, trains agencies and employees, articulates privacy
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This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not a part of the legislation nor does it
constitute a statement of legislative intent.
House Bill Analysis -1- HB 2365
principles and best practices, coordinates data protection in cooperation with the CTS, and
participates with the OCIO in the review of major state agency projects involving personally
identifiable information.
Summary of Bill:
Data Transmission Sticker Development.
The Office of Privacy and Data Protection (OPDP) is directed to develop a user data
transmission sticker for the stated purpose of notifying Washington consumers that a connected
device has the capability to transmit user data to the device manufacturer or any separate
business entity.
The data transmission sticker is required to meet certain design requirements, including that the
sticker must:
have a design that is easily identifiable and understandable to both children and adults;
include a graphic that appeals to both children and adults;
be effective in alerting consumers that the product collects and transmits user data to the
device manufacturer or any separate business entity; and
be easy to use for manufacturers and retailers of applicable connected devices.
In determining whether a sticker meets the specified design requirements, the OPDP must
facilitate focus group discussions with both children and adults to solicit feedback on the design
of the sticker. In addition, the OPDP must research existing labels intended to appeal to both
children and adults to use as a model in developing the sticker.
User data is defined as any information.
Data Transmission Sticker Product Labeling Requirement.
Beginning January 1, 2022, any connected device product that transmits user data to the product
manufacturer, or any separate business entity, must be labeled with a user data transmission
sticker developed by the OPDP.
The data transmission sticker must meet certain specified requirements for its placement on a
product package, including that the sticker must be:
placed in a prominent location on the principal display panel or front of the product
package;
of a size that is legible and readily visible by the consumer;
no smaller than an inch in diameter, unless recommended by the OPDP;
displayed on the product package in a manner that is not altered or cropped; and
made available by the OPDP in digital form to manufacturers without cost.
The digital file for the user data transmission sticker must be made available on the OPDP web
site.
A connected device is defined as any device or other physical object that is capable of connecting
to the internet, directly or indirectly, and that is assigned an internet protocol address or
Bluetooth address.
House Bill Analysis -2- HB 2365
The OPDP may adopt rules necessary to implement the data transmission sticker product
labeling requirements.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is
passed.
House Bill Analysis -3- HB 2365
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