Washington State Privacy Debate ‘Stuck’ on Enforcement, Facial Recognition
Washington state’s privacy bill continues to face sharp criticism from the state attorney general and consumer advocates on enforcement language and its handling of facial recognition technology used by the private sector. Senators nearly unanimously voted for SB-6281 (see 2002180024), but communities that feel vulnerable disagreed sharply with Microsoft and other tech industry supporters at a House Innovation, Technology and Economic Development Committee hearing Friday. Without changes, the bill may “severely limit” her office’s ability to enforce the law, said Assistant Attorney General-Consumer Protection Andrea Alegrett.
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The House panel plans to vote on the bill this week at one of three scheduled meetings, depending on when members reach consensus, Chairman Zack Hudgins (D) said at the hearing. The committee meets Tuesday at 10 a.m. PST, Wednesday at 8 a.m. PST and Friday at 8 a.m. PST. It plans to hear testimony Wednesday and vote Friday on the related SB-6280 about public use of facial recognition, passed 30-18 by the Senate. Bills must clear the committee by Friday and the full House by March 6.
“It seems like we’re still stuck on certain areas,” and “struggling around the language of enforcement,” Rep. Vandana Slatter (D) said at the livestreamed hearing. Enforcement is a critical piece to resolve, said Hudgins. Microsoft agrees it’s “an important issue to get right,” testified Senior Director-Public Policy Ryan Harkins.
The bill doesn't create a private right of action, but it would allow consumers to bring suit for violations of the state Consumer Protection Act (CPA), including behavior that might be governed by the privacy bill if it passes, said the Microsoft official. Consumers “have an expert to work with” in the AG, and the bill doesn’t preclude CPA complaints, said Washington Technology Industry Association CEO Michael Schutzler. A private right would lead to “frivolous lawsuits” and chill the economy, said Association of National Advertisers Senior Vice President-Government Relations Christopher Oswald.
Enforcement language needs work, Alegrett said. Lawmakers must clarify that any violation is a “per se CPA violation” to ensure the AG has full investigative authority, she said. Without a private right of action, there “will be violations ... that go unaddressed,” she warned. Move facial recognition to a separate bill and require testing for bias before allowing the technology’s use, said the assistant AG.
AG enforcement alone isn’t enough to adequately protect people of color, said Livio De La Cruz, a Black Lives Matter Seattle board member. “We want to have the power in our hands."
SB-6281 is stronger, clearer and more direct than last year’s bill, which didn’t make it out of the House, said sponsor Sen. Reuven Carlyle (D). The senator said he strongly wants to keep facial recognition in the bill, but that section repeatedly got opposition from groups representing minorities and other consumers.
"We should not ignore the voices of historically targeted communities," many of which oppose facial recognition, said American Civil Liberties Union-Washington Technology & Liberty Project Advocate Jennifer Lee. Facial recognition technology has race and gender bias, said OneAmerica Senior Policy Manager Eli Goss. The bill shouldn’t pre-empt stronger local protections, both said.
A Senate panel this week will mull three smaller privacy measures that passed the House. The Environment, Energy and Technology Committee has hearings Tuesday at 10 a.m. PST on bots and data broker registration measures, and Wednesday at 8 a.m. on a bill requiring privacy surveys of state agencies.