Stoel Rives’ Privacy and Data Security practice chair Hunter Ferguson was quoted in Bloomberg Law’s Privacy & Data Security Law News in an article titled “Washington Privacy Bill Likelier to Pass, But Roadblocks Remain,” published January 19, 2021. (Subscription required.) The article discusses Senate Bill 5062, Washington’s latest version of a comprehensive privacy bill, which, if approved, would give consumers the right to access, correct and delete personal data collected by businesses. Companies would be required to issue privacy notices and implement reasonable security practices.
Members of the business community are coming to accept the idea that a privacy law will eventually pass in Washington, though a growing number of privacy advocates argue that SB5602 doesn’t go far enough in providing protections for consumers. A controversial facial recognition provision was removed from the bill, but the lack of a “private right of action” for consumers to sue companies directly may prove an obstacle, among others, to its approval in the current legislative session.
“There’s a desire to not have a piece of legislation that could be perceived as ultimately ineffectual,” Ferguson cautioned. “How do you strike the right balance to make it something that delivers a meaningful sets (sic) of rights while not disproportionately raising costs on businesses?”