Technology (Consumer Data Protection)

Washington State's SB 5886 establishes a property right in an individual's name, voice, signature, photograph, and "forged digital likeness" that survives death. It defines a "forged digital likeness" as a digitally altered image or audio that misrepresents a person and could deceive others into believing it is genuine. The law requires written or oral consent for using these rights in commercial goods, advertising, or fundraising - applying to businesses, nonprofits, and organizations regardless of profit motive. This directly affects creators of digital content, advertisers, and fundraisers who might use AI-generated representations of living or deceased individuals (including those with commercial value to their likeness) without permission.

This resolution (HR 4609) formally recognizes Data Privacy Day on January 28th, as established by U.S. Congress in 2009. It does not create new laws or impose requirements; instead, it serves as a symbolic gesture to raise public awareness about data privacy. The resolution highlights the importance of protecting personal information in digital interactions and encourages Washington residents to learn about privacy best practices. It aligns with global observances in 50 countries and emphasizes education for individuals, businesses, and governments. As a procedural resolution, it has no direct regulatory impact or effect on specific groups.

HB 1887 requires data brokers - businesses that collect, aggregate, and sell Washington residents' personal information without consent - to register annually with the Department of Licensing starting in 2026. It defines "brokered personal data" broadly (including names, addresses, biometric details, and social security numbers) and exempts consumer reporting agencies, financial institutions under federal law, and services providing public business info or health/safety alerts. Data brokers must submit basic contact details and pay an annual registration fee, with the revenue intended to fund state programs. The bill aims to create transparency about this industry while generating state revenue from a growing business model.

HB 1170 requires large artificial intelligence providers (with over 1 million monthly users) to disclose when content they generate is AI-made. It mandates two types of disclosures: clear, visible labels ("manifest") and hidden metadata ("latent") identifying the AI system, creator, and timestamp. The bill also requires free, accessible AI detection tools for users to verify content origin, while prohibiting providers from collecting personal data through these tools. Excluded are video games, movies, and streaming content, focusing the rule on generative AI services like text or image tools.

HB 1671 establishes new data privacy rules for Washington residents, requiring businesses to obtain clear "affirmative consent" before collecting or processing personal data. It specifically protects sensitive consumer health data - including gender-affirming care, reproductive health, and biometric information - and bans "dark patterns" designed to trick users into sharing data. Businesses must provide easy-to-understand disclosures about data use, allow consumers to revoke consent easily, and avoid inferring consent from user inaction. The law directly affects Washington consumers and companies handling their personal data, with exemptions for research approved by ethics boards.