H-1631 _______________________________________________
HOUSE BILL NO. 993
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State of Washington 50th Legislature 1987 Regular Session
By Representatives Todd, Crane, Allen, Wineberry, L. Smith, Lux, Grimm, Walk, Winsley, Nutley, Peery, Unsoeld, Grant, Cooper, Nelson, Jacobsen, Hine, Dellwo, Rust, Sprenkle, Cantwell, Meyers, Heavey, Spanel and Rasmussen
Read first time 2/18/87 and referred to Committee on Constitution, Elections & Ethics. Referred to Committee on Energy & Utilities 2/25/87.
AN ACT Relating to privacy and the marketing or sale of information about utility customers; adding new sections 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 Constitution of the state of Washington provides that "no person shall be disturbed in his private affairs, or his home invaded, without authority of law." The legislature finds that the advancement of technology has made electronic transfer of personal data quick, easy, and commonplace, and it is in the interest of the state to regulate the dissemination of that information in order that its citizens' right to privacy is not abused. Therefore, the legislature prescribes certain safeguards for the use of private information maintained by the utilities of the state.
NEW SECTION. Sec. 2. A new section is added to chapter 80.04 RCW to read as follows:
(1) "Utility," for the purposes of this section, includes a public service company, municipality, public utility district, and a mutual or cooperative.
(2) If a utility sells or markets the name, address, or zip code of any of its customers, the utility must inform its customers of that fact by prominently displaying that information on the customer's bill. The message must also include a way in which the customer may contact the utility if the customer does not want the information marketed by the utility and wants the information removed from any marketed materials.
(3) If a utility seeks to sell or market information which could personally identify its customers, it must obtain written permission from that customer or customers. Information which can personally identify a customer includes, but is not limited to, usage patterns, such as use of electricity, gas or telephone and amount of usage, time of day of usage, or types or frequencies of phone calls made; personal financial information and creditworthiness; or demographic information by individual or family. At any time, a customer who has given permission for the sale or marketing of personal identifying information may request the utility to provide a copy of the information so disseminated. Any customer having given written permission for the marketing or sale of personally identifiable information may rescind that permission in writing, whereupon the utility has thirty days to cease making available the personally identifiable information.
(4) A utility shall not levy an individual customer charge for omitting a customer's name, as provided in subsection (2) of this section, or for selling or marketing or ceasing to sell or market personally identifiable information, as provided in subsection (3) of this section.
NEW SECTION. Sec. 3. A new section is added to chapter 80.04 RCW to read as follows:
(1) A violation of section 2 of this act 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 utility that violates section 2 of this act, including special damages of not less than ten thousand dollars.
(2) A person who violates section 2 of this act is guilty of a misdemeanor punishable by a fine not exceeding three thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment.