H-1761.2  _______________________________________________

                          HOUSE BILL 1912

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Sherstad and Constantine

Read first time 02/13/97.  Referred to Committee on Law & Justice.

Requiring notification of transfer of personal information.

    AN ACT Relating to preservation of confidential records; adding a new section to chapter 9.91 RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.91 RCW to read as follows:

    (1)(a) A public or private entity may not transfer information regarding an individual contained in records held by or under the control of the entity to another person or public or private entity without simultaneously sending notice of the transfer to all persons identified in the information transferred.

    (b) The notice must contain the fact of the transfer, the date of the transfer, the name of the entity transferring the information, the person or entity requesting the transfer and the reason for requesting the transfer, the name of the person or entity receiving the transfer and how the information will be used, and a general description of the information transferred.

    (c) This section does not apply to law enforcement or correction agency personnel if the notice would compromise an investigation, trial, security, or public safety.  The agency has the burden to show that it is exempt from this section.

    (2) Violation of this section is a gross misdemeanor.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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