Keypoint: While the Washington Privacy Act appears poised to pass the Senate, a competing bill introduced in the House of Representatives would require opt-in consent for processing, create an Illinois-like biometric information privacy structure, and allow for a private right of action.
On January 28, 2021, Washington state Representative Shelley Kloba filed HB 1433, entitled the People’s Privacy Act (WPPA). According to the Washington legislative website, the WPPA will be formally introduced on February 1, 2020.
The WPPA, which is supported by the Washington ACLU, is a competing bill to the Washington Privacy Act (WPA) introduced by Senator Carlyle in the Washington Senate. Although the WPPA and WPA are intended to address the same issue (consumer privacy) they come about it in very different ways.
The introduction of the WPPA certainly draws into question whether Washington lawmakers will be able to reach a compromise and finally pass consumer privacy legislation this year. At a minimum, it signals that the same obstacles that have prevented a bill from passing in the 2019 and 2020 are still present.
Below is a brief overview of the WPPA. For a summary of the WPA, see our article here. In addition, members of Husch Blackwell’s Data Privacy & Cybersecurity team will host a webinar to discuss all of the CCPA-like privacy bills proposed across the country, including the WPA and WPPA. To register, click here.