Washington Biometric Identifiers Act (HB 1493, RCW 19.375)
WA · RCW Ch. 19.375 (HB 1493, 2017)
Washington's 2017 HB 1493 was the third state biometric privacy law (after IL BIPA and TX CUBI). It requires notice and consent before 'enrolling' a biometric identifier in a database for a commercial purpose, but excludes photographs and audio recordings — a significant carve-out that distinguishes it from BIPA. Enforced by the Washington AG; no private right of action.
Technical detail
RCW Chapter 19.375 (enacted by HB 1493, 65th Leg., 2017 Reg. Sess.) — prohibits enrolling a biometric identifier in a database for a commercial purpose without first providing notice, obtaining consent, or providing a mechanism to prevent subsequent commercial use. 'Biometric identifier' defined as data generated by automatic measurements of biological characteristics (fingerprint, voiceprint, retina/iris scan, other unique biological patterns); explicitly excludes physical or digital photographs, video/audio recordings, and data generated from them. Enforcement by Washington AG under Consumer Protection Act; civil penalty up to $7,500 per violation.
Who is protected: Washington residents subject to biometric enrollment
Who must comply: Persons enrolling biometric identifiers for commercial purpose
Key facts
| Jurisdiction | WA |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2017-07-23 |
| Enacted | 2017-05-16 |
| Citation | RCW Ch. 19.375 (HB 1493, 2017) |
| Enforced by | Washington Attorney General |
| Private right of action | No — agency enforcement only |
| Penalties | Up to $7,500 per violation under Consumer Protection Act |
| Topics | biometric data · consumer data privacy |
| Last verified | 2026-06-17 |
| Official source | RCW 19.375 — Washington Biometric Identifiers Act ↗ |
More AI rules in WA
- HB2655 · Proposed / pending
- WA EO 24-01 · In effect
- WA SB 6280 (2020, first-in-nation state FR-government law) · In effect
- WA DOI AI Bulletin · In effect
Related biometric data rules elsewhere
- Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026) · In effect
- Ban biometric recognition in public accommodations (Ban The Scan) · Proposed / pending
- Limit facial recognition in residential buildings (Ban The Scan) · Proposed / pending
- Texas v. Google · In effect
- Attorney General Ellison releases consumer alert on DHS' digital surveillance an · In effect
- FTC Commercial Surveillance ANPR · Proposed / pending
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