Washington and Oklahoma Move Closer to Enacting Privacy Legislations

In the first week of March, at least two states moved closer to joining Virginia in enacting comprehensive privacy legislations this year.

On March 3, 2021, Washington Senate approved the Washington Privacy Act (SB 5062) which will now be considered by the State House. The 2021 version of the Privacy Act tracks closely the 2020 version which was defeated last spring over a disagreement over a private right of action.  The version approved by the Senate this year already includes a limited private right of action in the case of personal data use and collection for public health emergencies.

The new proposal also adds additional protections for the handling of personal data collected from consumers during public health emergencies. This includes notice and consent requirements for activities such as contact tracing and symptom detection that may be used to help monitor and manage infectious diseases.

On March 4, the Oklahoma House of Representatives approved the Oklahoma Computer Data Privacy Act (HB 1602, OCDPA), which now will go to the State Senate. The OCDPA would require that certain companies obtain consent before collecting and selling consumer data. The bill would also give Oklahoma residents a mechanism for requesting that businesses disclose what information they have about them, as well as the right to request deletion of that information.

The Oklahoma Corporation Commission would enforce the OCDPA, and any fines collected by the Commission for OCDPA violations would go to the State’s General Revenue Fund. The bill also provides a private right of action where Oklahoma residents may seek injunctive relief, actual damages, and statutory damages up to $7,500 for intentional violations. If enacted, the OCDPA will become effective on November 1, 2021.

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