🇺🇸Washington Biometric Identifiers Law

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Washington Biometric Identifiers Law

Washington Biometric Identifiers Law

This specialist state privacy law applies to a defined data type, business model or processing activity. It should be layered over any applicable comprehensive state and federal laws.

Current official version

Effective status: July 23, 2017

Citation: Wash. Rev. Code Chapter 19.375

Source basis: Current Revised Code of Washington Chapter 19.375.

Scope

The law regulates enrollment of a biometric identifier in a database for a commercial purpose without first providing notice, obtaining consent or using a mechanism to prevent subsequent commercial use, subject to its definitions and exceptions.

Operational obligations

Provide required notice and consent or qualifying control before enrollment, prevent unauthorized commercial use, apply reasonable care, restrict disclosure and retention, and contractually control service providers and downstream uses.

State-specific point

The Washington definition and enrollment trigger differ materially from Illinois BIPA and Texas Chapter 503. A single national biometric process must be configured to meet each statute rather than assuming the strictest label answers every scope question.

Enforcement

Violations are enforced under the Washington Consumer Protection Act. The biometric chapter does not itself create a standalone private right of action.

What this means for you

Inventory the covered data and processing separately, obtain the exact notice, consent or authorization required, control vendors and disclosures, and retain evidence against the current official text.

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