WA Biometric Identifiers Act (2017)

Washington Biometric Identifiers Act (HB 1493, RCW 19.375)
WA · RCW Ch. 19.375 (HB 1493, 2017)

Status
In effect
Took effect
July 23, 2017
Applies to
Persons enrolling biometric identifiers for commercial purpose
Enforced by
Washington Attorney General

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.

Who is protected: Washington residents subject to biometric enrollment

Legal 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.

Key facts

JurisdictionWA
LevelState
StrengthLimited
EnactedMay 16, 2017
CitationRCW Ch. 19.375 (HB 1493, 2017)
Private right of actionNo, agency enforcement only
PenaltiesUp to $7,500 per violation under Consumer Protection Act
Topicsbiometric data · consumer data privacy
StatuteRCW 19.375 — Washington Biometric Identifiers Act

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