House Bill 2856 - State of Washington, 2020 Regular Session

Summary

House Bill 2856 of the State of Washington, 66th Legislature, 2020 Regular Session, by Representatives Entenman, Morgan, and Santos, read first time January 27, 2020 and referred to the Committee on Innovation, Technology & Economic Development. The title states that the bill relates to a moratorium on facial recognition technology. Section 1 makes it unlawful for any Washington state or local government agency or any official to obtain, retain, request, access, or use any facial recognition technology, and this section expires July 1, 2023. Section 2 provides that a person subjected to facial recognition in violation of section 1 may recover actual damages, but not less than statutory damages of one thousand dollars per violation, whichever is greater.

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Full text

     H-4216.2

                                HOUSE BILL 2856


     State of Washington        66th Legislature         2020 Regular Session

     By Representatives Entenman, Morgan, and Santos

     Read first time 01/27/20.      Referred   to   Committee   on   Innovation,
     Technology & Economic Development.




 1       AN ACT Relating to a moratorium on facial recognition technology;
 2   adding a new chapter to Title 10 RCW; adding a new chapter to Title
 3   19 RCW; creating a new section; prescribing penalties; and providing
 4   expiration dates.


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


 6       NEW SECTION.   Sec. 1.    (1) It is unlawful for any Washington
 7   state or local government agency or any official thereof to obtain,
 8   retain, request, access, or use:
 9       (a) Any facial recognition technology; or
10       (b) Any information obtained from or by use of facial
11   recognition.
12       (2) Inadvertent or unintentional receipt, access, or use of any
13   information obtained from facial recognition is not a violation of
14   this chapter, provided that:
15       (a) The information was not requested or solicited by a state or
16   local agency or any official thereof; and
17       (b) The information is permanently deleted upon discovery.
18       (3) For purposes of this chapter, "facial recognition" means:
19       (a) An automated or semiautomated process by which a person is
20   identified or attempted to be identified based on the characteristics
21   of the person's face; or
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1        (b) An automated or semiautomated process by which the
2    characteristics of a person's face are analyzed to determine the
3    person's sentiment, state of mind, or other propensities including,
4    but not limited to, the person's level of dangerousness.
5        (4) This section expires July 1, 2023.


 6       NEW SECTION. Sec. 2. (1) No information obtained from or by use
 7   of facial recognition may be received in evidence in any trial,
 8   hearing, or other proceeding in or before any court, grand jury,
 9   department, officer, agency, regulatory body, legislative committee,
10   or other authority subject to the jurisdiction of the state of
11   Washington.
12       (2) Any violation of section 1 of this act constitutes an injury
13   and any person may institute proceedings for injunctive relief,
14   declaratory relief, or writ of mandate in any court of competent
15   jurisdiction to enforce section 1 of this act. An action instituted
16   under this subsection may be brought against the appropriate state or
17   local government agency or state or local government official and, if
18   necessary, to effectuate compliance with this chapter, any other
19   government agency with possession, custody, or control of information
20   obtained from or by use of facial recognition.
21       (3) Any person who has been subjected to facial recognition in
22   violation of section 1 of this act, or about whom information has
23   been obtained, retained, accessed, or used in violation of section 1
24   of this act, may institute proceedings in any court of competent
25   jurisdiction against the state and is entitled to recover actual
26   damages, but not less than statutory damages of one thousand dollars
27   per violation, whichever is greater.
28       (4) A court shall award costs and reasonable attorneys' fees to a
29   plaintiff who prevails in an action brought under subsection (2) or
30   (3) of this section.
31       (5) This section expires July 1, 2023.


32       NEW SECTION. Sec. 3. (1) Nothing in this chapter applies to the
33   use of a facial recognition matching system by the department of
34   licensing pursuant to RCW 46.20.037.
35       (2) This section expires July 1, 2023.


36       NEW SECTION. Sec. 4. (1) A person may not operate, install, or
37   commission the operation or installation of equipment incorporating
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 1   facial recognition in any place of public resort, accommodation,
 2   assemblage, or amusement, as defined in RCW 49.60.040.
 3       (2) For purposes of this section, "facial recognition" means:
 4       (a) An automated or semiautomated process by which a person is
 5   identified or attempted to be identified based on the characteristics
 6   of the person's face; or
 7       (b) An automated or semiautomated process by which the
 8   characteristics of a person's face are analyzed to determine the
 9   person's sentiment, state of mind, or other propensities including,
10   but not limited to, the person's level of dangerousness.
11       (3) This section expires July 1, 2023.

12       NEW SECTION.    Sec. 5.    (1) The legislature finds that the
13   practices covered by this chapter are matters vitally affecting the
14   public interest for the purpose of applying the consumer protection
15   act, chapter 19.86 RCW. A violation of this chapter is not reasonable
16   in relation to the development and preservation of business and is an
17   unfair or deceptive act in trade or commerce and an unfair method of
18   competition for the purpose of applying the consumer protection act,
19   chapter 19.86 RCW.
20       (2) The attorney general may bring an action in the name of the
21   state, or as parens patriae on behalf of persons residing in the
22   state, to enforce this chapter. In any action brought by the attorney
23   general to enforce this chapter, a violation of this chapter is
24   subject to a civil penalty of one thousand dollars for each violation
25   of this chapter.
26       (3) A consumer prevailing in an action under this chapter may
27   recover actual damages, but not less than statutory damages of one
28   thousand dollars per violation, whichever is greater.
29       (4) A court must award costs and reasonable attorneys' fees to a
30   plaintiff who prevails in an action under this chapter.
31       (5) This section expires July 1, 2023.


32       NEW SECTION. Sec. 6. (1)(a) A joint legislative task force on
33   facial recognition technology is established, with members as
34   provided in this subsection.
35       (i) The president of the senate shall appoint one member from
36   each of the two largest caucuses of the senate;



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 1       (ii) The speaker of the house of representatives shall appoint
 2   one member from each of the two largest caucuses of the house of
 3   representatives;
 4       (iii) The president of the senate and the speaker of the house of
 5   representatives jointly shall appoint members as follows:
 6       (A) Fifteen representatives from advocacy organizations that
 7   represent consumers or protected classes of communities historically
 8   impacted by surveillance technologies including, but not limited to,
 9   African American, Hispanic American, Native American, and Asian
10   American communities, religious minorities, protest and activist
11   groups, and other vulnerable communities;
12       (B) One member from law enforcement;
13       (C) One representative from a retailer or other company who
14   deploys facial recognition technology in physical premises open to
15   the public;
16       (D) One representative from a company that develops and provides
17   facial recognition technology; and
18       (E)   Two   representatives    from   universities   or   research
19   institutions who are experts in either facial recognition technology
20   or technology ethics, or both.
21       (b) The task force shall choose two cochairs from among its
22   legislative membership.
23       (2) The task force shall:
24       (a) Review the existing research on the quality, accuracy, and
25   efficacy of facial recognition technology, including its quality,
26   accuracy, and efficacy across different subpopulations;
27       (b) Document the potential abuses and threats posed by the use of
28   facial recognition technology to civil liberties and freedoms,
29   privacy and security, discrimination, and other potential harm; and
30       (c) Provide recommendations regarding appropriate regulation of
31   facial recognition technology.
32       (3) The expenses of the task force must be paid jointly by the
33   senate and the house of representatives. Task force expenditures are
34   subject to approval by the senate facilities and operations committee
35   and the house of representatives executive rules committee, or their
36   successor committees. Staff support for the task force must be
37   provided by the senate committee services and the house of
38   representatives office of program research.
39       (4) Legislative members of the task force are reimbursed for
40   travel expenses in accordance with RCW 44.04.120. Nonlegislative
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1    members are not entitled to be reimbursed for travel expenses if they
2    are elected officials or are participating on behalf of an employer,
3    governmental entity, or other organization. Any reimbursement for
4    other nonlegislative members is subject to chapter 43.03 RCW.
5        (5) The task force shall report its findings and recommendations
6    to the governor and the appropriate committees of the legislature by
7    September 30, 2021.
8        (6) This section expires July 1, 2023.


 9       NEW SECTION.    Sec. 7.   (1) Sections 1 through 3 of this act
10   constitute a new chapter in Title 10 RCW.
11       (2) Sections 4 and 5 of this act constitute a new chapter in
12   Title 19 RCW.

                                  --- END ---




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