Can I use customer data for marketing purposes without violating privacy laws in Washington? What are the requirements?

Using Customer Data for Marketing Purposes in Washington

In Washington, a person may not capture or obtain private or proprietary customer information for a commercial purpose unless the person informs the retail electric customer before capturing or obtaining private or proprietary customer information and receives the retail electric customer’s written or electronic permission to capture or obtain private or proprietary customer information ^[1.2].

A person who legally possesses private or proprietary customer information that is captured or obtained for a commercial purpose may not sell, lease, or otherwise disclose the private or proprietary customer information to another person unless the retail electric customer consents to the disclosure, the private or proprietary customer information is disclosed to an electric utility or other third party as necessary to effect, administer, enforce, or complete a financial transaction that the retail electric customer requested, initiated, or authorized, provided that the electric utility or third party maintains confidentiality of the private or proprietary customer information and does not further disclose the information except as permitted under this subsection, or the disclosure is required or expressly permitted by a federal statute or by a state statute ^[1.2].

Therefore, in Washington, a person may use customer data for marketing purposes only if the customer has given written or electronic permission to capture or obtain private or proprietary customer information for a commercial purpose and has consented to the disclosure of such information to the person for marketing purposes ^[1.2].

Requirements for Using Customer Data for Marketing Purposes in Washington

A person must inform the retail electric customer before capturing or obtaining private or proprietary customer information and receive the retail electric customer’s written or electronic permission to capture or obtain private or proprietary customer information for a commercial purpose ^[1.2].

A person who legally possesses private or proprietary customer information that is captured or obtained for a commercial purpose may not sell, lease, or otherwise disclose the private or proprietary customer information to another person unless the retail electric customer consents to the disclosure ^[1.2].

Therefore, to use customer data for marketing purposes in Washington, a person must obtain prior permission for capturing or obtaining private or proprietary customer information for a commercial purpose and obtain consent for the disclosure of such information to the person for marketing purposes ^[1.2].

Conclusion

In Washington, a person may use customer data for marketing purposes only if the customer has given written or electronic permission to capture or obtain private or proprietary customer information for a commercial purpose and has consented to the disclosure of such information to the person for marketing purposes. A person must obtain prior permission for capturing or obtaining private or proprietary customer information for a commercial purpose and obtain consent for the disclosure of such information to the person for marketing purposes ^[1.2].

Therefore, a person must comply with these requirements to use customer data for marketing purposes in Washington.

Source(s):

• [1.2] Persons—Customer information—Capture, obtain, or disclosure for commercial purpose—Requirements—Application of consumer protection act.

Jurisdiction

Washington

• General