LD0515 1 2 SENATE JOINT RESOLUTION NO. 10 Offered January 22, 1974 3 Creating a Commission on Computer Privacy and Security. 4 5 Patrons-Messrs. Babalas, Michael, Parkerson, Aldhizer, Gray, F. T., Campbell, Brault, Moody, Buchanan, Burruss, Hopkins, Smith, Anderson, DuVal, Andrews, Goode, Townsend, Thornton, Marye, Bendheim and Canada 6 7 8 9 10 11 Referred to the Committee on Rules 12 Whereas, the computer is taking an ever-increasing role in our 13 society; and 14 Whereas, while these instruments are necessary and important 15 in the business, industrial, and governmental growth of the country, 16 if unchecked, they may cause grave inroads in the privacy of the in17 dividual; and 18 Whereas, a study committee of the federal Department of 19 Health, Education and Welfare has made a study of the problems in20 herent in the untrammelled use of the computer, and has called 21 upon Congress for legislation to "protect us from the protectors", 22 and calls for the creation of a code of fair information practices for 23 all automated data systems, whether run by governmental agencies 24 or private organizations, and to provide criminal penalties for viola25 tions thereof; and 26 Whereas, other states have created Privacy and Security Coun27 cils, and it appears that a study should be made as to the feasibility 28 of establishing such a Council in the Commonwealth; now, there29 fore, be it 30 Resolved by the Senate of Virginia, the House of Delegates con31 curring, That a Commission on Computer Privacy and Security is 32 hereby created. The Commission shall be composed of eleven mem33 bers, five to be appointed from the membership of the Senate by the 34 Committee on Privileges and Elections, and six to be appointed from 35 the membership of the House of Delegates by the Speaker thereof. 36 The Commission shall study all aspects of the problems involv37 ing personal privacy and liberty in the use of computers, with the I view toward establishing a Privacy and Security Council in the 2 Commonwealth of Virginia. The Commission shall study the experi3 ence of other states in the establishment of such a council. 4 In order to carry out the work of the Commission, there is he5 reby appropriated from the contingent fund of the General Assem6 bly the sum of twenty-five thousand dollars. 7 The Commission shall complete its study and report to the 8 General Assembly no later than November one, nineteen hundred 9 seventy-four. Clerk of the Senate 37 Clerk of the House of Delegates STATE OF WASHINGTON Hon. SAM J. ERVIN, JR., Chairman, OFFICE OF THE GOVERNOR, Olympia, Wash., August 9, 1974. U.S. Senate Committee on Government Operations, DEAR SENATOR ERVIN: I was most pleased to receive copies of Senate Bill 3418 and the Congressional Record excerpts pertaining thereto, as I have become increasingly more concerned with the individual's right to privacy and its protection in light of recent developments throughout the country. This is an area that we have attempted to address on the state level as well, and we are currently in the midst of legislative hearings on various bills that would seek to protect privacy in regard to telephone communications, credit records, and criminal justice records. After reviewing your bill, I find that I am in agreement with the bulk of it, and would suggest only one major amendment which I believe is needed. Although I believe it is necessary and proper for the federal government to enter into the field of privacy preservation, I would hope that any such bill would not, in effect, preempt the states from adopting differing or more stringent regulations of the various aspects of the privacy area. I believe that this could be accomplished with an amendment that would clearly state that it is the intent of Congress not to preempt the field, and that the states may adopt more stringent regulations. With this sort of amendment, I would wholeheartedly support your efforts to enact this bill, and would be pleased to aid you in whatever way that I can to achieve its passage. DEAR MS. MACNAUGHTON: Thank you for your assistance during our telephone conversation of June 28, regarding privacy legislation. Pursuant to your request, I am enclosing two (2) copies each of the following pieces of legislation: 1. House Bill 1475, relating to release of computer data bank information; 2. Senate Bill 2144, relating to electronic surveillance of private communication-please note that present Washington law makes obtaining a "tap" very difficult; 3. Senate Bill 3094, controlling the use of criminal arrest records; 4. Senate Bill 3095, enacting a state Fair Credit Reporting Act; 5. A proposed draft of another bill on electronic surveillance; 6. A proposed draft of legislation on personality testing. As the 43rd Washington State Legislature has adjourned, these bills will not become law. However, they are the vehicle for a public hearing scheduled on July 13 on the entire area of privacy. It is also likely that they will be the basis for new legislation in January, 1975. As you will note from reading the bills, they are far-reaching in their scope and will no doubt be subject to modification prior to passage. The committee is presently preparing reports on several of the bills and when they are ready I will forward you a copy of each one. I hope this gives you some idea of what is going on here in Washington State. Please keep in touch, especially begining in January, so that we may keep you current on developments here. Sincerely, BERNARD RYAN, Research Analyst, Senate Judiciary Committee. 1 2 3 Read first time January 22, 1974, and referred to Committee on Judiciary. AN ACT Relating to the right of privacy; and adding a new chapter to Title 9 RCW. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: NEW SECTION, Section 1. It is the purpose of this chapter to privacy by providing safeguards 5 protect the individual's right to 6 against the improper disclosure of facts and information about the 7 individual through computer accessible files. 8 NEW SECTION, Sec. 2. As used in this chapter: 9 10 11 12 13 14 (1) "Administrative purposes" when used in connection with automated personal data systems means using such a system for the purpose of affecting the subject individuals directly as individuals such as for making determinations relating to their qualifications, character, rights, opportunities, or benefits. (2) "Automated personal data system" means a personal data 15 system that is stored, in whole or in part, in computer-accessible files. 16 17 (3) "Computer accessible" means recorded on magnetic tape, 18 magnetic disk, magnetic drum, punched card, or optically scannable paper or film. (4) "Organization" means any profit or nonprofit corporation, partnership, 19 20 21 22 proprietorship, or other organization including the state of Montana and its various local subdivisions and their various 23 24 25 26 27 about boards, agencies, commissions and bureaus. (5) "Penalty" means any fine, loss of rights, loss of privileges, or loss of employment. (6) "Personal data" means all data that (a) describes anything an individual, such as identifying characteristics, 1 Beasurements, test scores, (b) evidences things 2 individual, such as records of financial 3 treatment, or other services, and (c) affords a clear basis for 4 inferring personal characteristics ΟΙ things done by ог to an 5 individual, such as the mere record of his presence in a place, 6 attendance at a meeting, or admission to sone type of service 7 institution. 8 (7) "Personal data system" means a collection of records kept organizations containing personal data that can be identifiable individuals whether kept for 9 by one ΟΙ more 10 11 12 13 14 15 16 associated with administrative or statistical reporting and research purposes. (8) "Political meeting" means any meeting at which candidates for political office are chosen or a principal purpose of which is to permit candidates in a primary election or in a general election to address the public and/or to answer questions from the public. (9) "Private facts and information" means any facts or 17 information about a person that such person is justified in a reasonable expectation they will not be disclosed or used for some thoughts, sentiments, emotions, sensations, beliefs, philosophical beliefs and political beliefs" are 22 thoughts, sentiments, emotions, sensations, religious beliefs, philosophical beliefs, and political beliefs that the holder has a reasonable expectation will not be disclosed. 23 24 25 (11) "Public notice" means, for an agency of the state of 26 Washington such publication that is required for notice of proposed 27 regulations promulgated by that agency under the 28 procedure act, chapter 34.04 RCW, and for other publication in a newspaper of general 29 administrative organizations circulation in the area in 30 which the organization operates. In any event, copies of such notice 31 32 must be readily available from the organization upon request. 33 assigned (12) "Standard universal identifier" means a systematically label that attempts to distinguish an individual from all |