Rain of privacy bills: this time it's Washington's turn

Although it is still a Senate proposal (Senate Bill 6281), the legislation proposes to grant Washington residents the right to access, correct or delete data collected about them, choose not to participate in data processing, among others , he pointed IAPP.

The Assistant Attorney General of the Consumer Protection Division, Andrea Alegrett, made a proposal for improvement, considering that the original wording limited the possibility of fully enforcing the law. Therefore, he suggested including in the wording of the proposal that any violation of this rule would be considered a violation of the Washington Consumer Protection Law, and with that, would allow the investigation of unfair and deceptive behavior.

On the other hand, the inclusion of a private right of action is also necessary. Well, as Larry Behrendt of Indivisible Whidbey commented, a data privacy law "is useless if it sets standards, but limits private citizens and citizen groups the ability to assert their rights."

What does it say about the use of facial recognition technologies? He points out that people must give companies permission to add the image of their face in facial recognition databases, as well as the obligation to place notorious notices in public places that indicate that area is being analyzed under recognition technology Facial, among others.

Senator Reuven Carlyle, sponsor of the bill, signaled his desire that this new regulation be a balance between the European GDPR and the California Consumer Privacy Law. Considering the strong constitutional protections and leadership in technological innovation in Washington.

If approved, it will take effect on July 31, 2021.

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Marilú Lazo
Bachelor in Law from the Pontifical Catholic University of Peru (PUCP). He has experience in corporate advice, as well as personal data protection and new technologies.

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