Washington AG Report Flags Enforcement Risk, Pushes for New Law
The state's first-ever Data Privacy Report calls for a comprehensive new statute and signals that the attorney general's office may use existing tools to pursue privacy-related harms.
Washington's Attorney General has released the state's first-ever Data Privacy Report, renewing the push for comprehensive privacy legislation after several years of stalled efforts. Although Washington has yet to pass a broad privacy law like those in California or Virginia, its previous proposals have served as influential blueprints for other states, making this development nationally significant. The report identifies four key concerns: overcollection and secondary use of data, weak consent mechanisms and deceptive design, the sale of sensitive data like biometrics and geolocation, and a lack of transparency in the data-broker industry. For businesses, the report signals that the AG’s office is actively monitoring for privacy-related harms and may use existing tools for enforcement, citing FTC actions against data brokers as examples. Counsel should monitor for new legislative proposals and anticipate increased enforcement scrutiny, particularly regarding the handling of sensitive consumer data and the operations of data brokers.