Once again, Washington state lawmakers are contemplating the passing of the Washington Privacy Act (“WPA”). The WPA, in its changing forms, has been on the docket for a vote two years running now. The 2019 version died in the House of Representatives, and the 2020 version, which garnered more support, failed to pass a vote in its final stages.
The 2021 version of the WPA reflects of the compromises being made to ensure its passing. Much of the bill remains the same as past versions. Exemptions for nonprofits and higher education institutions remain, as well as the majority of the rights the bill would grant to individual consumers to protect their own privacy.
However, concessions from previous versions of the bill have been made around enforcement of the law. The main sticking point for the bill’s opposition was the lack of a private right of actions; early versions of the bill gave the Attorney General the power to enforce the act.
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