HB 2363 — Providing remedies for violations of biometric data ownership rights.

H-4475.1SUBSTITUTEH-3726.1HOUSE HOUSE BILL 2363State of Washington66th Legislature2020 Regular SessionByHouseSessionByRepresentatives Innovation,Smith, TechnologyHudgins, &Young, EconomicWylie, DevelopmentKloba, (originallyand sponsoredPolletPrefiled by01/10/20.Read Representativesfirst Smith,time Hudgins,01/13/20.Referred Young,to Wylie,Committee Kloba,on andInnovation, Pollet)READTechnology FIRST& TIMEEconomic 02/06/20.ANDevelopment.AN ACT Relating to providing remedies for violations of biometric data ownership rights;

The law must evolve to protect and safeguard our right to our own biometric identifiers because these can be used to replicate and impersonate a person through digital means and beyond their own lifetime in a way that previously has not been possible.(3) The legislature intends to affirm this basic premise:

A person should not be able to use surveillance technology to interfere with the privacyproperty right each Washingtonian has in our own face, voice, and other unique biometric identifiers.NEW SECTION.  Sec.

Each person owns and has an absoluteexclusive privacyproperty right in the person's biometric identifiers.NEW SECTION.  Sec.

(1) The office of the attorney general, in consultation with the office of privacy and data protection, must convene a task force to examine the issues related to infringement by biometric surveillance technology on the biometric identifiers privacyownership rights guaranteed in section 2 of this act,act.(2) including:(a) The usemajority of affirmativethe consenttask forforce collectionmembers ofmust biometricbe data;(b)representatives Requiringof clearorganizations purposesthat advocate for whichcivil biometricliberties, dataconsumer isrights, collected and limitingprivacy collectionprotections.(3) toBy thoseDecember purposes;(c)1, The2020, abilitythe attorney general must submit to the relevant committees of the legislature a consumerreport tothat withdrawsummarizes consentthe findings of the task force and obtainrecommends deletionlegal ofremedies allto provide justice to those whose ownership rights in biometric dataidentifiers are violated.(4) The definitions in section 4 of this act apply throughout this section unless the consumer;context clearly requires otherwise.(5) This section expires June 30, 2021.NEW SECTION.  Sec.

and(d) Imposing on entities that collect biometric data the duties to protect, secure, and prevent misuse of biometric data.(2) The majority of the task force members must be representatives of organizations that advocate for civil liberties, consumer rights, and privacy protections.

The task force must also include a data ethics expert and a representative from a statewide organization that represents law enforcement agencies.(3) By December 1, 2021, the attorney general must submit to the relevant committees of the legislature a report that summarizes the findings of the task force.

The report must include for consideration and possible adoption by the legislature recommendations regarding legal remedies to provide justice for those whose biometric privacy rights are violated.(4) The definitions in section 4 of this act apply throughout this section unless the context clearly requires otherwise.(5) This section expires June 30, 2022.NEW SECTION.  Sec.