House Bill 2399 - Connected Devices With a Voice Recognition Feature (Washington, 2020)

Summary

House Bill 2399 of the State of Washington, 66th Legislature, 2020 Regular Session, is an act relating to connected devices with a voice recognition feature. It was sponsored by Representatives Hudgins, Smith, Van Werven, Young, Wylie, and Kloba, and referred to the Committee on Innovation, Technology & Economic Development. The bill provides that a manufacturer may not provide the operation of a voice recognition feature without informing the user, during initial setup, that the device may be used to process and retain recordings and transcriptions of spoken words. Recordings may not be used for any advertising purpose or disclosed to a third party unless the user first provides affirmative written consent, which the user may withdraw at any time.

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Full text

     H-3356.1

                                 HOUSE BILL 2399


     State of Washington         66th Legislature              2020 Regular Session

     By Representatives    Hudgins,   Smith,   Van   Werven,    Young,   Wylie,   and
     Kloba

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




1        AN ACT Relating to connected devices with a voice recognition
2    feature; and adding a new chapter to Title 19 RCW.


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


 4       NEW SECTION.   Sec. 1.   (1) A manufacturer may not provide the
 5   operation of a voice recognition feature without prominently
 6   informing the user of a connected device with a voice recognition
 7   feature during the initial setup or installation and distinctly
 8   separate from the device terms of service that:
 9       (a) The device is equipped with a voice recognition feature; and
10       (b) The device may be used to process and retain recordings and
11   transcriptions of spoken words.
12       (2) Any recordings or transcriptions collected through the
13   operation of a voice recognition feature by the manufacturer may not
14   be:
15       (a) Used for any advertising purpose;
16       (b) Disclosed to a third party; or
17       (c) Retained at any location, either electronically or otherwise,
18   other than the connected device with a voice recognition feature that
19   is under the control of the user for personal or household purposes
20   unless the user first provides affirmative written consent.


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 1       (3) If a user provides affirmative written consent to have
 2   recordings or transcriptions retained, the manufacturer must provide
 3   the user with the ability to delete permanently any recordings or
 4   transcriptions retained pursuant to the user's affirmative written
 5   consent.
 6       (4) A user may withdraw the affirmative written consent at any
 7   time. The affirmative written consent must be as easy to withdraw as
 8   it is to give.

 9       NEW SECTION.    Sec. 2.    The definitions in this section apply
10   throughout   this  chapter   unless  the   context  clearly  requires
11   otherwise.
12       (1) "Affirmative written consent" means that:
13       (a) A manufacturer provided the following disclosure to a user
14   during installation of the device and distinctly separate from the
15   device terms of use:

16      "This device may be used to process and retain user
17      recordings   and  transcriptions   of   spoken words.  These
18      recordings may be analyzed by . . . . . (manufacturer name)
19      and its employees for the purpose of improving the device.
20      Please indicate whether or not you give your consent for the
21      device to be used in this way. This consent is not required
22      to use the basic functions of this device.

23      [ ] I authorize . . . . . (manufacturer name) to retain my
24      recordings and I understand that the recordings may be
25      analyzed by the manufacturer and its employees solely for the
26      purpose of improving the device.
27      [ ] I do not authorize . . . . . (manufacturer name) to
28      retain my recordings and I understand that I may not be able
29      to access the enhanced smart features of this device."; and

30       (b) The user of the device with a voice recognition feature has
31   clearly indicated consent to have the user's recordings retained and
32   analyzed.
33       (2) "Connected device with a voice recognition feature" means any
34   device sold in this state that is capable of connecting to the
35   internet and is equipped with a voice recognition feature, including
36   a wireless speaker or a device with an integrated virtual assistant
37   that offers interactive actions and hands-free activation.

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 1       (3) "Manufacturer" means a person or entity providing the
 2   operation of a voice recognition feature on a connected device.
 3       (4) "Retain" means saving or storing voice recorded data longer
 4   than the minimum time necessary to complete a user's request.
 5       (5) "User" means a natural person who is a Washington resident
 6   and who purchases, leases, or takes ownership of a connected device
 7   with a voice recognition feature. A person who is incidentally
 8   recorded when a voice recognition feature is activated by a user is
 9   not a user.
10       (6) "Voice recognition feature" means the function of a connected
11   device that allows the collection, recording, storage, analysis,
12   transmission, interpretation, or other use of spoken words or other
13   sounds, except that this term does not include spoken words or other
14   sounds that are not recorded, retained, or transmitted beyond the
15   connected device with a voice recognition feature.


16       NEW SECTION.   Sec. 3.  The legislature finds that the practices
17   covered by this chapter are matters vitally affecting the public
18   interest for the purpose of applying the consumer protection act,
19   chapter 19.86 RCW. A violation of this chapter is not reasonable in
20   relation to the development and preservation of business and is an
21   unfair or deceptive act in trade or commerce and an unfair method of
22   competition for the purpose of applying the consumer protection act,
23   chapter 19.86 RCW.


24       NEW SECTION.   Sec. 4.    Nothing in this chapter limits the
25   applicability of or diminishes the protections provided under RCW
26   9.73.030 relating to intercepting, recording, or divulging private
27   communication.

28       NEW SECTION.     Sec. 5.    Sections 1   through   4   of   this   act
29   constitute a new chapter in Title 19 RCW.

                                  --- END ---




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