Can I collect browser information from participants in Washington? What are the requirements?

Based on the additional context documents, it appears that collecting browser information from participants in Washington may be subject to certain requirements.

Privacy Laws and Regulations in Washington

Washington has several privacy laws and regulations that may apply to the collection of personal information, including browser information. The most notable of these are the Washington Privacy Act (WPA) and the Children’s Online Privacy Protection Act (COPPA).

Washington Privacy Act (WPA)

The WPA is a comprehensive privacy law that went into effect on March 1, 2021. It applies to businesses that conduct business in Washington or produce products or services that are targeted to Washington residents and meet certain thresholds. The WPA requires covered businesses to provide consumers with certain rights regarding their personal information, including the right to access, correct, delete, and opt-out of the sale of their personal information. Covered businesses must also provide certain disclosures regarding their data processing activities and implement reasonable data security practices. ^[2.1]

Children’s Online Privacy Protection Act (COPPA)

COPPA is a federal law that applies to the online collection of personal information from children under the age of 13. It requires covered websites and online services to obtain verifiable parental consent before collecting personal information from children, and to provide certain disclosures regarding their data collection practices. ^[2.1]

Certification of voting equipment

In addition, if the browser information is being collected in the context of voting equipment, it must meet applicable federal standards and be certified and approved by the secretary of state before it can be used in Washington state pursuant to RCW 29A.12.020. ^[3.1], ^[3.2], ^[3.3]

Conclusion

Based on the additional context documents, it appears that collecting browser information from participants in Washington may be subject to certain requirements, such as the Washington Privacy Act and the Children’s Online Privacy Protection Act. Additionally, if the browser information is being collected in the context of voting equipment, it must meet applicable federal standards and be certified and approved by the secretary of state. Therefore, it is recommended that businesses consult with legal counsel to ensure compliance with applicable privacy laws and regulations.

Source(s):

• [2.1] Student personal information—Information about collection and use—Changes to privacy policies—Access to and correction of information—Application to education data center.
• [3.1] Certification of voting equipment.
• [3.2] Initial application for certification.
• [3.3] Electronic ballot marker test.

Jurisdiction

Washington

• Privacy