BILL REQ. #:  S-4171.1 

READ FIRST TIME 02/02/06.   

     AN ACT Relating to creating an office of privacy protection; adding a new section to chapter 43.10 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.10 RCW to read as follows:
     (1) The office of privacy protection is created in the office of the attorney general under the direction of the attorney general and the secretary of state. The office's purpose is protecting the privacy of individuals' personal information in a manner consistent with the Washington state Constitution by identifying consumer problems in the privacy area and facilitating development of fair information practices.
     (2) The office shall inform the public of potential options for protecting the privacy of, and avoiding the misuse of, personal information.
     (3) The office shall make recommendations to organizations for privacy policies and practices that promote and protect the interests of Washington consumers.
     (4) The office may promote voluntary and mutually agreed upon nonbinding arbitration and mediation of privacy-related disputes where appropriate.
     (5) The director of the office of privacy protection shall do all of the following:
     (a) Receive complaints from individuals concerning any person obtaining, compiling, maintaining, using, disclosing, or disposing of personal information in a manner that may be potentially unlawful or violate a stated privacy policy relating to that individual, and provide advice, information, and referral, where available;
     (b) Provide information to consumers on effective ways of handling complaints that involve violations of privacy-related laws, including identity theft and identity fraud. If appropriate local, state, or federal agencies are available to assist consumers with those complaints, the director shall refer those complaints to those agencies;
     (c) Develop information and educational programs and materials to foster public understanding and recognition of the purposes of this section;
     (d) Investigate and assist in the prosecution of identity theft and other privacy-related crimes, and, as necessary, coordinate with local, state, and federal law enforcement agencies in the investigation of similar crimes; and
     (e) Assist and coordinate in the training of local, state, and federal law enforcement agencies regarding identity theft and other privacy-related crimes, as appropriate.
     (6) The director may adopt rules as necessary to implement subsection (5)(b) through (e) of this section.
     (7) The implementation of this section is subject to the availability of funds appropriated specifically for this purpose.

NEW SECTION.  Sec. 2   This act takes effect January 1, 2007.