House Bill 2363 - State of Washington, 2020 Regular Session

Summary

House Bill 2363 of the State of Washington, 66th Legislature, 2020 Regular Session, by Representatives Smith, Hudgins, Young, Wylie, Kloba, and Pollet, prefiled January 10, 2020 and read first time January 13, 2020, then referred to the Committee on Innovation, Technology & Economic Development. The title states that the bill relates to providing remedies for violations of biometric data ownership rights. Section 2 provides that each person owns and has an exclusive property right in the person's biometric identifiers. Section 3 provides that the office of the attorney general, in consultation with the office of privacy and data protection, must convene a task force, and that by December 1, 2020, the attorney general must submit a report to the relevant committees of the legislature.

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Full text

     H-3726.1

                                HOUSE BILL 2363


     State of Washington       66th Legislature       2020 Regular Session

     By Representatives Smith, Hudgins, 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 providing remedies for violations of biometric
2    data ownership rights; adding a new chapter to Title 19 RCW; creating
3    a new section; and providing an expiration date.


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


 5       NEW SECTION. Sec. 1. (1) The legislature finds and agrees that
 6   it continues to be a self-evident truth that all persons are created
 7   equal and endowed by their creator with certain inalienable rights,
 8   and that among these are life, liberty, and the pursuit of happiness.
 9   Governments are instituted to protect these rights.
10       (2) No person may be owned by another. We own our own selves and
11   this is the basis for our individual freedom and authority to set the
12   terms of our own labor, make political choices, make our own health
13   choices, and require agreement and consent for various relationships.
14   This concept of personal autonomy and decision making is eroded, and
15   the basis of our democracy undermined if others may own, possess,
16   replicate, store indefinitely, distribute, or manipulate our unique
17   biometric identifier without our informed consent. The law must
18   evolve to protect and safeguard our right to own biometric
19   identifiers because these can be used to replicate and impersonate a
20   person through digital means and beyond their own lifetime in a way
21   that previously has not been possible.
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1        (3) The legislature intends to affirm this basic premise: A
2    person should not be able to use surveillance technology to interfere
3    with the property right each Washingtonian has in our own face,
4    voice, and other unique biometric identifiers.


 5       NEW SECTION.   Sec. 2.    Each person owns and has an exclusive
 6   property right in the person's biometric identifiers.

 7       NEW SECTION. Sec. 3. (1) The office of the attorney general, in
 8   consultation with the office of privacy and data protection, must
 9   convene a task force to examine the issues related to infringement by
10   biometric surveillance technology on the biometric identifiers
11   ownership rights guaranteed in section 2 of this act.
12       (2)   The   majority  of   the   task   force  members  must   be
13   representatives of organizations that advocate for civil liberties,
14   consumer rights, and privacy protections.
15       (3) By December 1, 2020, the attorney general must submit to the
16   relevant committees of the legislature a report that summarizes the
17   findings of the task force and recommends legal remedies to provide
18   justice to those whose ownership rights in biometric identifiers are
19   violated.
20       (4) The definitions in section 4 of this act apply throughout
21   this section unless the context clearly requires otherwise.
22       (5) This section expires June 30, 2021.


23       NEW SECTION.    Sec. 4.    The definitions in this section apply
24   throughout   this  chapter   unless  the   context  clearly  requires
25   otherwise.
26       (1) "Biometric identifier" means any information, regardless of
27   how it is captured, converted, stored, or shared, based on
28   biological, physiological, or behavioral traits that are uniquely
29   attributable to a single individual.
30       (2) "Biometric surveillance technology" means any technology or
31   process capable of collecting, capturing, or replicating a biometric
32   identifier.


33       NEW SECTION.     Sec. 5.    Sections 1,   2,   and   4   of   this   act
34   constitute a new chapter in Title 19 RCW.

                                  --- END ---

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