These jurisdiction checklists are practical scoping aids for privacy, DPO, DSAR, transfer, incident, and vendor governance decisions. Confirm obligations against your facts before relying on any checklist as advice.
Washington Privacy Act Compliance Checklist
Comprehensive compliance guidance for the Washington Privacy Act covering deidentified data, privacy notices, data protection assessments, and facial recognition services.
Key Provisions & Assessment Questions
Section 7: Deidentified & Pseudonymous Data
Does your organization ensure that deidentified or pseudonymous data is not reidentified, not improperly disclosed or sold, and that contractual commitments governing such data are actively monitored and enforced?
Section 8: Privacy Notices & Data Practices
Does your organization provide clear privacy notices, collect and use only the minimum data necessary for specified purposes, safeguard personal data with appropriate security measures, and avoid discriminatory or secondary uses without consumer consent?
Section 9: Data Protection Assessments
Does your organization conduct data protection assessments for processing activities that pose risks to consumers, weighing benefits against risks, documenting safeguards, and making such assessments available to the attorney general upon request?
Section 18: Facial Recognition Services
If your organization develops, provides, or deploys facial recognition services, does it ensure accuracy testing, transparency, notice and consent, meaningful human review of significant decisions, security/safety limitations, and ongoing training for operators?
Compliance Recommendations
Section 7: Deidentified & Pseudonymous Data
If "Yes":
- Maintain policies ensuring no reidentification occurs and continue oversight of processor contracts
- Schedule periodic compliance audits of pseudonymous/deidentified data practices to verify contractual adherence
If "No":
- Adopt technical and organizational controls to prevent reidentification and prohibit unauthorized disclosures or sales
- Implement monitoring procedures to enforce contractual commitments regarding deidentified/pseudonymous data
Section 8: Privacy Notices & Data Practices
If "Yes":
- Maintain transparent notices, data minimization practices, and security safeguards
- Perform regular reviews of privacy notices and consent mechanisms to ensure they remain clear, up to date, and aligned with evolving practices
If "No":
- Implement compliant privacy notices and limit data collection to necessary purposes
- Prohibit secondary use without consent and establish reasonable security practices
- Ensure no discrimination against consumers exercising their rights
Section 9: Data Protection Assessments
If "Yes":
- Maintain thorough assessments and documentation
- Integrate risk assessment updates into project change management processes so new risks are automatically evaluated
If "No":
- Adopt a structured process for conducting assessments before high-risk processing
- Document benefits and risks and implement safeguards
- Establish procedures to disclose assessments to regulators when requested
Section 18: Facial Recognition Services
If "Yes":
- Maintain responsible deployment practices with notices, consent, and safeguards
- Implement annual third-party testing to confirm fairness across subpopulations and update training programs accordingly
If "No":
- Provide notice and obtain consent prior to consumer enrollment
- Ensure independent testing and fairness review while restricting use to lawful purposes
- Implement meaningful human review and establish operator training programs
- Adopt safeguards for law enforcement disclosures
Need Help with Washington Privacy Act Compliance?
Our team of privacy experts can help you navigate Washington's privacy requirements, conduct data protection assessments, and implement compliant practices.
Checklist to implementation
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