Automated Servers Aren’t ‘Individuals’ Under Washington Privacy Act
Perkins Coie argues that website analytics tools are not 'individuals' and therefore not subject to the state’s privacy law.
Washington’s newly enacted Privacy Act, which expands its definition of a “non-biometric individual” to encompass owners of websites and online services, could potentially bring a sprawling array of analytics providers under its data‑collection and consent requirements. In a recent opinion, Perkins Coie contends that automated servers—programs that log search queries, click‑throughs, and other user interactions—do not meet the statutory criteria for “individuals.” The firm cites the Act’s emphasis on identifiable, autonomous humans, not software systems, to argue that servers do not qualify as “non‑biometric individuals.” If upheld, this interpretation would reduce the regulatory burden for many ancillary technology services, sparing them costly compliance systems. Firms should monitor forthcoming judicial opinions or legislative amendments for clarity, and consider adopting internal policies that treat analytic entities as non‑subject matter under the Act while remaining vigilant for potential reinterpretations.