A much more favorable environment, but a lot of complexity: Washington state privacy legislation 2023

UPDATED with info about #PeoplesPrivacyAct and #ShieldLaw as well as #MyHealthMyData

privacy.thenexus.today/wa-privacy-mor… #waleg
The 2023 session is already in high gear, and once again there's some significant privacy legislation.
If you're just tuning in, "What's Past is Prologue" and "Significant successes for Washington privacy advocates" have the backstory. privacy.thenexus.today/wa-privacy-mor…
The Supreme Court's Dobbs decision overturning Roe has changed the game on privacy legislation. @SlatterVandana and @Dhingrama's #MyHealthMyData Act (HB1155/SB5351), developed with @AGOWA, responds by providing strong protections for consumer health data.
theregister.com/2023/01/18/was…
There's a lot to like about #MyHealthMyData. Here are some of the highlights. Each of these would be significant advances over existing state privacy laws so there are going to be a lot of lobbyists pushing for weaker protections Here's how the AG's press release in October describes its k
The #PeoplesPrivacyAct broadens My Health My Data's opt-in consent requirements to other personal data, covers government agencies as well as the private sector, prohibits discriminatory uses of data, and bans #facialrecognition in places of public accommodation. #waleg
The People's Privacy Act was just filed late last week, so doesn't have a bill number yet. Here's an overview from when @RepShelleyKloba introduced it in 2021. aclu-wa.org/story/introduc…
The #ShieldLaw (SB5489/HB1469), from @SenatorTrudeau and @RepDrewHansen, protects access to reproductive health care services and gender-affirming treatment in Washington by shielding patients, helpers, and providers from out-of-state investigations and prosecutions. #waleg
#ShieldLaw supporters include @ProChoiceWA @Legal_Voice and @ACLU_WA. It has two hearings Tuesday morning, in the House Civil Rights & Judiciary and Senate Law & Justice Committees.
The session runs until April 23, and privacy legislation often goes down to the wire. There's good reason for optimism this year!

#MyHealthMyData has its first hearing tomorrow morning. I'll be live-tweeting and (hopefully) testifying.

Stay tuned! privacy.thenexus.today/wa-privacy-mor…

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More from @NexusOfPrivacy

Jan 24
Staring at 10:30 am: the House Civil Rights & Judiciary hearing, incliuding #MyHealthMyData and the #ShieldLaw.

Live video stream: tvw.org/video/house-ci…

"A much more favorable environment", my #waleg privacy overview, has more about both these bills

privacy.thenexus.today/wa-privacy-mor…
#MyHealthMyData (HB 1155), from @SlatterVandana and @Dhingrama, provides strong protections to consumer health data. It

- requires opt-in consent before companies collect, use, or share data
- prohibits sales of health data
- restricts geofencing around health facilities
Read 56 tweets
Jan 23
The Senate Transportation committee's hearing on SB 5105 #DigitalDriversLicences starts at 4:00. I'll be live-tweeting. #waleg

Here's the video: tvw.org/video/senate-t…

And here's the "bill report", with a quick summary: lawfilesext.leg.wa.gov/biennium/2023-…
Signins on #DigitalDriversLicenses are overwhelmingly CON -- including @ResistenciaNW @ACLU_WA and @IndivisEastside. @wapeopleprivacy is signed up to testify OTHER, as am I.

app.leg.wa.gov/csi/Home/getOt…
@ACLU's."Identity Crisis: What Digital Driver’s Licenses Could Mean for Privacy, Equity, and Freedom" has more on the risks of #DigitalDriversLicenses.

aclu.org/report/identit…
Read 13 tweets
Nov 2, 2022
The Seattle Community Police Commission is discussing ShotSpotter at this morning's meeting. Public comment has just wrapped up. Now, @jennifer_e_lee from @ACLU_WA is presenting. #StopShotSpotter
@jennifer_e_lee @ACLU_WA Oops, connection problems. Up next, Angélica Chazaro with quotes from the October 27 Rainier Beach town hall.

"ShotSpotter is giving them a license to hunt bodies. It's a waste of money. It's about control."
"I think more money can go into housing. Also, being put back into communities."

"We want to do things in partnership and this tech is opposite to that."
Read 35 tweets
Nov 1, 2022
Today's Nexus of Privacy Newsletter:
- what Karen memes teach us about white women and surveillance
- privacy nutrition labels
- upcoming events
- an abolitionist take on Section 230
- news from across the pond ... and more!

thenexusofprivacy.net/privacy-news-n…
Let's start with the events. Today at 1:30 Pacific time (4:30 Eastern) is @ruha9's @ColumbiaEthics talk on Viral Justice: Pandemics, Policing, and Public Bioethics"

Next Monday, November 7, @NoTech4Tyrants unveils their report on “Surveillance Technology Perpetuates Police Abuse of Power.”

Read 12 tweets
Oct 9, 2022
Time for another round of #privacypolls!

ADPPA still hasn't hit the House floor, and Speaker Pelosi is still opposed to preempting California. Rep. Pallone says there's still time to pass something, and expresses optimism.

How likely is ADPPA to pass this session? (1/5)
If ADPPA doesn't pass, how far will it get?

- no House (H) floor vote?
- H passes, but no Senate (S) action?
- progress in S but dies before floor vote?
- S amends, but dies in cross-chamber reconciliation?
ADPPA currently preempts most stronger state and local privacy laws. California and AGs from other states want this removed so ADPPA is "a floor not a ceiling".
Compromise proposals include giving CA a waiver or adding a 5- or 10-year sunset.

How will this get resolved? (3/6)
Read 8 tweets
Oct 7, 2022
The Executive Order to Try to Implement the European Union-U.S. Data Privacy Framework has been announced. Will the third time be a charm? @astepanovich, who's followed the issue for years, has a good thread.
@ACLU says the EO doesn't go far enough.

"It fails to adequately protect the privacy of Americans and Europeans, and it fails to ensure that people whose privacy is violated will have their claims resolved by a wholly independent decision-maker,”

aclu.org/press-releases…
@PrivaSense notes that the mutual recognition clause "shifts the power balance over international data transfers in favour of the US" (h/t @NSQE)

"This is the Whitehouse grabbing the (CJ)EU by the throat, while Putin is threatening to start WWIII"
linkedin.com/posts/jeroente…
Read 5 tweets

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