BILL REQ. #:  S-0881.2 

Read first time 02/07/2003.   Referred to Committee on Commerce & Trade.

     AN ACT Relating to supermarket club cards; adding a new section to chapter 19.86 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the increasing use by supermarkets of club cards to authorize price discounts for consumers may threaten individual privacy. The legislature further finds that the process used to issue club cards does not ensure the reliability or accuracy of personally identifiable information and, therefore, the use of such information should be restricted.

NEW SECTION.  Sec. 2   A new section is added to chapter 19.86 RCW to read as follows:
     (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Supermarket club card" means any card, plate, coupon book, or other device issued for the purpose of being used upon presentation to authorize discounts on retail products offered by the club card issuer.
     (b) "Personally identifiable cardholder information" means:
     (i) Information that identifies a cardholder including name, address, telephone number, email address, and social security number; and
     (ii) Information that identifies a cardholder as having purchased any specific product or service or any category of product or service.
     (2) Unless otherwise required by law, no personally identifiable cardholder information may be used in any legal proceeding, or in any employment action without the express consent of the cardholder. Consent must be obtained when the issuer of the supermarket club card releases cardholder information for a proceeding or action, and the cardholder must be informed that without consent the information may not be released. The cardholder must also be given the opportunity to review all records containing personally identifiable cardholder information before granting or withholding consent.
     (3) An issuer of supermarket club cards must provide a card to a consumer on request without requiring the consumer to provide any personal information, including name, address, telephone number, email address, and social security number.