Multiple Agency Fiscal Note Summary — 2364 HB: Creating the charter of personal data rights

Summary

Multiple Agency Fiscal Note Summary for 2364 HB, Creating the charter of personal data rights, dated Final 1/17/2020, followed by the Judicial Impact Fiscal Note from 055-Administrative Office of the Courts and the revised Individual State Agency Fiscal Note from 100-Office of Attorney General. The summary lists the Administrative Office of the Courts with Non-zero but indeterminate cost and/or savings, and the Office of Attorney General General Fund-State total as 317,000 for 2019-21 and 634,000 for each of 2021-23 and 2023-25. The judicial note's narrative states that the expenditure impact is indeterminate, but expected to be minimal.

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“Multiple Agency Fiscal Note Summary — 2364 HB: Creating the charter of personal data rights.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-21-a26336-d209421-2364-fn-1fc66c6bb1/, SHA-256 1f10f89e6d736b3454a45465d85ac6028ab4298130c2c4cd9192790afa931b6c.

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Multiple Agency Fiscal Note Summary
Bill Number: 2364 HB Title: Creating the charter of personal data rights.

Estimated Cash Receipts
NONE

Estimated Operating Expenditures
Agency Name 2019-21 2021-23 2023-25
FTEs GF-State Total FTEs GF-State Total FTEs GF-State Total
Administrative Office of Non-zero but indeterminate cost and/or savings. Please see discussion.
the Courts
Office of Attorney .9 317,000 317,000 1.8 634,000 634,000 1.8 634,000 634,000
General

Total $ 0.9 317,000 317,000 1.8 634,000 634,000 1.8 634,000 634,000

Local Gov. Courts Non-zero but indeterminate cost and/or savings. Please see discussion.

Loc School dist-SPI
Local Gov. Other
Local Gov. Total

Estimated Capital Budget Expenditures
Agency Name 2019-21 2021-23 2023-25
FTEs Bonds Total FTEs Bonds Total FTEs Bonds Total
Administrative Office of .0 0 0 .0 0 0 .0 0 0
the Courts
Office of Attorney .0 0 0 .0 0 0 .0 0 0
General

Total $ 0.0 0 0 0.0 0 0 0.0 0 0

Estimated Capital Budget Breakout

Prepared by: Gwen Stamey, OFM Phone: Date Published:
(360) 902-9810 Final 1/17/2020

FNPID: 58430

FNS029 Multi Agency rollup
Judicial Impact Fiscal Note

Bill Number: 2364 HB Title: Creating the charter of personal data rights. Agency: 055-Administrative Office
of the Courts

Part I: Estimates
No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Expenditures from:
Non-zero but indeterminate cost and/or savings. Please see discussion.

The revenue and expenditure estimates on this page represent the most likely fiscal impact. Responsibility for expenditures may be
subject to the provisions of RCW 43.135.060.
Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
form Parts I-V.
X If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).
Capital budget impact, complete Part IV.

Legislative Contact Yelena Baker Phone: 360-786-7301 Date: 01/10/2020
Agency Preparation: Sam Knutson Phone: 360-704-5528 Date: 01/13/2020
Agency Approval: Sam Knutson Phone: 360-704-5528 Date: 01/13/2020
OFM Review: Bill Hesketh Phone: (360) 902-7437 Date: 01/13/2020

154,234.00 Request # 2364 HB-2
Form FN (Rev 1/00) 1 Bill # 2364 HB
FNS061 Judicial Impact Fiscal Note
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact on the Courts
Please see attached Judicial Impact Note (JIN).

II. B - Cash Receipts Impact

II. C - Expenditures

Part III: Expenditure Detail
III. A - Expenditure By Object or Purpose (State)
Non-zero but indeterminate cost and/or savings. Please see discussion.

III. B - Expenditure By Object or Purpose (County)
Non-zero but indeterminate cost and/or savings. Please see discussion.

III. C - Expenditure By Object or Purpose (City)
Non-zero but indeterminate cost and/or savings. Please see discussion.
III. D - FTE Detail
NONE
III. E - Expenditures By Program (optional)
NONE

Part IV: Capital Budget Impact

154,234.00 Request # 2364 HB-2
Form FN (Rev 1/00) 2 Bill # 2364 HB
FNS061 Judicial Impact Fiscal Note
Part II: Narrative Explanation

This bill would enact the Washington State Charter of Personal Data Rights.

This bill would provide individual’s rights in regards to personal data that a business collects or
processes about that individual, including the categories and specific pieces of personal data
the business collects or processes. The bill would provide the rights to access and obtain the
individual’s personal data collected or processed by a business, the right to opt out or object to
the selling or licensing of the individual’s personal data to third parties, the right to correct
inaccurate personal data, and the right to delete all personal data of the individual collected or
processed by a business.

The bill would provide for the responsibilities of businesses in regards to individual’s personal
data.

The bill would provide that any violation of the Charter would constitute an injury and any
individual whose rights had been violated or personal data collected or processed in violation of
the Charter may bring a civil action for declaratory relief, injunctive relief, and actual damages.

Part II.A – Brief Description of what the Measure does that has fiscal impact on
the Courts

Section 4(5) – Would provide that a court shall award costs and reasonable attorney’s fees to a
plaintiff who prevails in an action under this charter.

II.B - Cash Receipt Impact

None.

II.C – Expenditures

Indeterminate, but expected to be minimal. There is no data available to estimate the number of
civil actions that would result from this bill.

Judicial education would be required. This would be managed within existing resources.

JUDICIAL IMPACT FISCAL NOTE BILL# 2364 HB
Individual State Agency Fiscal Note Revised

Bill Number: 2364 HB Title: Creating the charter of personal data rights. Agency: 100-Office of Attorney
General

Part I: Estimates
No Fiscal Impact

Estimated Cash Receipts to:

NONE

Estimated Operating Expenditures from:
FY 2020 FY 2021 2019-21 2021-23 2023-25
FTE Staff Years 0.0 1.8 0.9 1.8 1.8
Account
General Fund-State 001-1 0 317,000 317,000 634,000 634,000
Total $ 0 317,000 317,000 634,000 634,000

Estimated Capital Budget Impact:

NONE

The cash receipts and expenditure estimates on this page represent the most likely fiscal impact. Factors impacting the precision of these estimates,
and alternate ranges (if appropriate), are explained in Part II.

Check applicable boxes and follow corresponding instructions:
If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note
X
form Parts I-V.
If fiscal impact is less than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete this page only (Part I).

Capital budget impact, complete Part IV.

Requires new rule making, complete Part V.

Legislative Contact: Yelena Baker Phone: 360-786-7301 Date: 01/10/2020
Agency Preparation: Michael Shinn Phone: 360-759-2122 Date: 01/14/2020
Agency Approval: Edd Giger Phone: 360-586-2104 Date: 01/14/2020
OFM Review: Gwen Stamey Phone: (360) 902-9810 Date: 01/17/2020

Form FN (Rev 1/00) 154,300.00 Request # 31-2
FNS063 Individual State Agency Fiscal Note 1 Bill # 2364 HB
Part II: Narrative Explanation
II. A - Brief Description Of What The Measure Does That Has Fiscal Impact
Briefly describe by section number, the significant provisions of the bill, and any related workload or policy assumptions, that have revenue or
expenditure impact on the responding agency.

All sections are new sections, creating a new chapter in Title 19 RCW.

Section 1 is a findings section.

Section 2 specifies privacy rights regarding personal data for individuals residing in Washington. Those rights
include knowing what data a business collects, the right to opt out of selling or licensing that data to third parties,
and the right to delete all data collected or possessed by a business.

Section 3 specifies duties of businesses regarding personal data. Those duties include minimizing collection of
data, acting diligently and in good faith to requests under section 2, and efforts to protect personal data collected
by the business.

Section 4 prohibits waiver of the chapter as void and against public policy. Both the Office of the Attorney
General (AGO) and individual consumers are provided with authority to take actions enforcing the chapter.
Minimal statutory civil damages for violations are set at $10,000 per violation. Costs and attorney fees are
allowed for successful plaintiffs.

Section 5 exempts data collected by businesses from job applicants, employees, and contractors.

Section 6 is a definitions section. This act is made applicable to businesses that engage in commerce in
Washington State, have a substantial nexus with Washington State, and have over $10 million in worldwide gross
revenues in the preceding calendar year.
II. B - Cash receipts Impact
Briefly describe and quantify the cash receipts impact of the legislation on the responding agency, identifying the cash receipts provisions by section
number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the
cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.

AGO Consumer Protection activities are funded with General Fund-State dollars. No cash receipt impact. There
is no client agency to bill for legal services.
II. C - Expenditures
Briefly describe the agency expenditures necessary to implement this legislation (or savings resulting from this legislation), identifying by section
number the provisions of the legislation that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the
method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time
and ongoing functions.

Assumptions for the AGO Consumer Protection (CPR) division’s Legal Services:

1. This bill is assumed effective 90 days after the end of the 2020 legislative session.

2. AGO CPR activities are funded with General Fund-State dollars. CPR enforces the Consumer Protection Act
with respect to conduct that is made unlawful under RCW 19.86.020, which broadly prohibits unfair or deceptive
acts or practices in trade or commerce. CPR focus is on representations and failures to disclose terms and
conditions.

Creating the charter of personal data rights. 100-Office of Attorney General
Form FN (Rev 1/00) 154,300.00 Request # 31-2
FNS063 Individual State Agency Fiscal Note 2 Bill # 2364 HB
3. CPR assumes no legal challenges to this statute.

4. Up to two investigations per year are assumed. Investigations will not result in litigation due to high penalties
per violation that will not be subject to negotiation if the matter is decided by a court.

5. Increased volume of consumer complaints will be handled within existing resources.

6. Assumes high volume of private lawsuits due to high minimum statutory damages.

7. CPR Assistant Attorney General (AAG) legal services include, but are not limited to: Investigation of
potential violations; draw conclusions from investigation; draft Civil Investigative Demands (CID)/discovery
requests, engage in settlement negotiations, and filing lawsuit.

8. CPR Paralegal (PL) legal services include, but are not limited to: Management of voluminous documents,
draft CID/discovery requests and manage responses; assist with legal pleadings and research.

9. Litigation and investigation costs assumed include:

A. $15,000 per FY for Deposition cost and travel costs.
B. $50,000 per FY for Document management costs (e-discovery).

10. Total workload impact beginning in FY 2020: 0.67 AAG, 0.34 Legal Assistant (LA), and 0.67 PL at a cost of
$317,000 per FY (this includes Litigation and investigation costs of $65,000).

Note: Agency administration support FTEs are included in the tables below, using a Management Analyst 5 as a
representative classification.
Part III: Expenditure Detail
III. A - Operating Budget Expenditures
Account Account Title Type FY 2020 FY 2021 2019-21 2021-23 2023-25
001-1 General Fund State 0 317,000 317,000 634,000 634,000
Total $ 0 317,000 317,000 634,000 634,000

III. B - Expenditures by Object Or Purpose
FY 2020 FY 2021 2019-21 2021-23 2023-25
FTE Staff Years 1.8 0.9 1.8 1.8
A-Salaries and Wages 161,000 161,000 322,000 322,000
B-Employee Benefits 56,000 56,000 112,000 112,000
C-Professional Service Contracts
E-Goods and Other Services 81,000 81,000 162,000 162,000
G-Travel 17,000 17,000 34,000 34,000
J-Capital Outlays 2,000 2,000 4,000 4,000
Total $ 0 317,000 317,000 634,000 634,000

Creating the charter of personal data rights. 100-Office of Attorney General
Form FN (Rev 1/00) 154,300.00 Request # 31-2
FNS063 Individual State Agency Fiscal Note 3 Bill # 2364 HB
III. C - Operating FTE Detail: List FTEs by classification and corresponding annual compensation. Totals need to agree with total FTEs in
Part I and Part IIIA

Job Classification Salary FY 2020 FY 2021 2019-21 2021-23 2023-25
Assistant Attorney General-Seattle 110,256 0.7 0.3 0.7 0.7
Legal Assistant 3 (Seattle) 64,944 0.3 0.2 0.3 0.3
Management Analyst 5 88,644 0.2 0.1 0.2 0.2
Paralegal 2-Seattle 70,608 0.7 0.3 0.7 0.7
Total FTEs 1.8 0.9 1.8 1.8

III. D - Expenditures By Program (optional)
Program FY 2020 FY 2021 2019-21 2021-23 2023-25
Consumer Protection Division (CPR) 317,000 317,000 634,000 634,000

Total $ 317,000 317,000 634,000 634,000

Part IV: Capital Budget Impact
IV. A - Capital Budget Expenditures
NONE

IV. B - Expenditures by Object Or Purpose
NONE

IV. C - Capital Budget Breakout
Identify acquisition and construction costs not reflected elsewhere on the fiscal note and describe potential financing methods
NONE

None.

Part V: New Rule Making Required

Creating the charter of personal data rights. 100-Office of Attorney General
Form FN (Rev 1/00) 154,300.00 Request # 31-2
FNS063 Individual State Agency Fiscal Note 4 Bill # 2364 HB

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