H-3115              _______________________________________________

                                                   HOUSE BILL NO. 1650

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Todd, Isaacson, Long, Fuhrman, Unsoeld, Baugher, Sayan, Belcher, Miller, Wang, Sutherland, R. King, Dellwo, Nealey, J. Williams, Smitherman, Hargrove, Lux, Tanner, Brekke, Fisher, Cole, Hankins, Hine, D. Nelson, Ebersole, Madsen, Vander Stoep, Sommers, Wineberry, Rayburn, K. Wilson, Prince, Jacobsen, P. King, Valle and Winsley

Read first time 1/21/86 and referred to Committee on Constitution, Elections & Ethics.

AN ACT Relating to privacy; adding a new section to chapter 80.04 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that it is of paramount importance to enable individuals to control the communication of information about themselves in order to ensure that the privacy of individuals who use basic services is protected.

NEW SECTION. Sec. 2.  A new section is added to chapter 80.04 RCW to read as follows:

          (1) At the time of entering into an agreement to provide services to a customer, including but not limited to local measured telephone service, and at least once a year thereafter, a public service company, as defined in RCW 80.04.010, or a financial institution shall provide notice in the form of a separate, written statement to the customer which clearly and conspicuously informs the customer of:

          (a) The nature of personally identifiable information collected or to be collected with respect to the customer and the nature of the use of such information;

          (b) The nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made;

          (c) The period during which the information will be maintained by the public service company or financial institution;

          (d) The times and place at which the customer may have access to such information in accordance with subsection (6) of this section; and

          (e) The limitations provided by this section with respect to the collection and disclosure of information by a public service company or financial institution.

          (2) In the case of customers who have entered into such an agreement before the effective date of this section, such notice shall be provided within thirty days of such date and at least once a year thereafter.

          (3) For purposes of this section, the term "personally identifiable information" does not include any record of aggregate data which does not identify particular persons.

          (4) Except as provided in subsection (5) of this section, a public service company or financial institution shall not collect or disclose personally identifiable information concerning any customer without the prior written or electronic consent of the customer concerned.

          (5) A public service company or financial institution may   collect such information in order to:

          (a) Obtain only information critically necessary to render a service provided by the public service company or financial institution to the customer; or

          (b) Detect unauthorized or improper use of services.

          (6) Any personally identifiable information gathered by a public service company or financial institution shall be made available for customer examination within thirty days of receiving a request from a customer to examine such information on the premises of the company or financial institution.  Upon a reasonable showing by the customer that the information is inaccurate, a public service company or financial institution shall correct such information.  The customer shall bear all costs of copying any records or information gathered by the public service company or financial institution and supplied to the customer.

          (7) A violation of this section constitutes a violation of chapter 19.86 RCW, the consumer protection act.  In addition to any other remedies, any aggrieved person may commence a civil action for damages for invasion of privacy against a public service company or financial institution that violates this section, including special damages of not less than ten thousand dollars.

          (8) Any person who violates this section is guilty of a misdemeanor punishable by a fine not exceeding three thousand dollars, or by imprisonment for not exceeding one year, or by both such fine and imprisonment.

          (9) "Financial institution," as used in this section, includes a bank, savings bank, savings and loan association, and credit union.