Law / United States /
Washington
Washington Biometric Identifiers
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What follows is LexLint's own research summary of this law, not legal advice.
In force since 23 July 2017.
A personal data rule binding private bodies.
As of 29 August 2026.
What it requires
- Before enrolling someone's biometric identifier, a fingerprint, voiceprint, retina or iris scan, or other unique biological pattern used to identify them, in a database for a commercial purpose, provide notice, obtain consent, or provide a mechanism to prevent that subsequent commercial use.
- An ordinary scraped photograph, video, or audio recording, and data generated from one, is never a biometric identifier under this chapter, with no exception for a photo or recording used to identify a specific individual.
- Only the Washington Attorney General may enforce this chapter, under the Consumer Protection Act; there is no private right of action here, unlike the My Health My Data Act's own private right of action.
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
This chapter requires that a person not enroll a biometric identifier in a database for a commercial purpose without first providing notice, obtaining consent, or providing a mechanism to prevent the subsequent use of the biometric identifier for a commercial purpose.
"Biometric identifier" categorically excludes an ordinary physical or digital photograph, video, or audio recording, and data generated from one, with no exception for a photo or recording generated or used to identify a specific individual; the "used to identify a specific individual" language in this chapter instead qualifies the affirmative half of the definition (a measurement of a fingerprint, voiceprint, retina, iris, or other unique biological pattern), not the photograph and recording exclusion.
Unlike MHMDA, this chapter may be enforced solely by the attorney general under the consumer protection act, with no private right of action, unlike Illinois's Biometric Information Privacy Act (BIPA).
When LexLint raises it
crawls_webprocesses_biometrics
Read the law
official text, Washington State Legislature (app.leg.wa.gov)
Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.