State Sen.
A formal draft should be done in a few weeks, and Carlyle, chair of the
Legislators and Attorney General
The goal is to give Washingtonians more privacy and control over personal data handled by companies and government. It would enable people to access, correct and delete personal data and opt out of having their data sold or used for targeted advertising.
Companies would be required to protect personal data and be clear about how they use it.
This is especially important as contact-tracing apps are rolled out by government agencies. Carlyle updated his proposal to also provide privacy protections for people using these apps.
The response to COVID-19 illustrates the need for policies that protect individual privacy while fostering technological innovation, Carlyle notes in his draft bill.
The policy builds on the reality that the public has widely embraced the exchange of personal information for online services such as free search, mapping and social networks.
What's needed are policies that give people more control, set standards for companies handling personal information and give authorities enforcement power. Other nations have such policies, but
Where it gets tricky is deciding how to enforce state privacy laws. They can't be toothless, but also shouldn't be a bonanza for lawyers, such as those swarming to exploit
Since
That should be a cautionary tale for
Besides, Washingtonians shouldn't have to hire lawyers to enforce privacy violations when they're already paying for a state law firm, the
Carlyle's proposal finds the right balance by increasing the Attorney General's authority and directing civil penalties to a fund covering enforcement costs. It rightly precludes a private right of action, preventing the law from being exploited, weaponized and clogging courts.
Ferguson insisted on a private right of action when Carlyle introduced the bill last session; it passed the
Asked last week if his position has changed, Ferguson's office said no and pointed to
Carlyle's approach — and his persistence in seeking an effective and workable solution to benefit everyone in
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