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Washington Privacy Act Reintroduced – Third Time’s the Charm? Published on: 20 January 2021 at 12:00 p.m. ET Jan. 20, 2021, noon Jan. 20, 2021, 9:43 a.m. insideARM.com The iA Institute
and is republished here with permission.
On Jan. 11 Washington State Sen. Reuven Carlyle introduced SB 5062, the Washington Privacy Act (WPA). Its predecessors, SB 6281 and SB 5376, failed to pass in 2020 and 2019, respectively. A public hearing was held before the Environment, Energy & Technology Committee on Jan. 14, and the bill is scheduled for a committee executive session on Jan. 21. Sen. Carlyle thoughtfully released a draft of the legislation in September 2020.
The legislation contains many requirements found in the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), but also focuses on the roles and responsibilities of “controllers” and “processors” like the EU’s General Data Protection Regulation (GD
Keypoint: Five states are now considering online privacy legislation.
Virginia and Oklahoma join Washington, New York and Minnesota as states where lawmakers have proposed online privacy legislation this year. It is expected that lawmakers in other states will propose similar legislation in the coming weeks. As discussed in our prior posts, the fact the legislation has been proposed is not indicative of whether it has any chance of becoming law. Since lawmakers passed the California Consumer Privacy Act (CCPA) in 2018 numerous states have considered similar bills, but none of them has become law. That said, presumably one day another state (or more) will join California in passing such legislation.
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With the Senate set to flip to Democratic control in the 117th Congress, albeit by a razor thin margin, the policy priorities for the upper chamber are likely to significantly change. In so doing, the various Senate committees will have new chairs, and their agendas will likely vary at least in part on the partisan make-up of the committees.
The Senate Committee on Commerce, Science and Transportation has a long tradition of bipartisan cooperation. Executive Sessions are usually not contentious; the final language of bills and amendments are usually thoroughly negotiated and eventually accepted by voice vote. That tradition of bipartisanship is unlikely to change with Senator Maria Cantwell (D-WA) and Senator Roger Wicker (R-MS) swapping roles: Senator Cantwell will now chair the Commerce Committee, while Senator Wicker will be the Ranking Member.