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Can I collect personal information from participants in Washington? What are the requirements?
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Personal Information Collection Requirements for Participants in Washington
Washington State has specific requirements for collecting personal information from program participants and voters. The following documents provide relevant information:
- WAAC 434-840-015: Certification of participants
- WAAC 392-300-035: Requests for record check information
- WAAC 434-324-045: Verification of applicant’s identity
- WAAC 434-324-010: Election management system—Applications for voter registration
- WAAC 434-840-027: Updating participant information
- WAAC 434-840-010: Application process
- WAAC 434-324-040: Processing voter registrations
Collection of Personal Information for Program Participants
According to WAAC 434-840-015, the Secretary of State shall certify an applicant, minor children, and adults residing at the residential address for whom a properly completed application or renewal is filed as a program participant. A properly completed application will be effective within two business days of receipt by the address confidentiality program. The term of a program participant’s certification shall be four years following the effective date of her or his application unless the certification is withdrawn or invalidated before that date.
The authorization card will include the program participant’s name, authorization code, substitute mailing address, certification expiration date, and a signature line for the applicant. Secretary of state staff members must first verify the identity of an application assistant, program applicant, or program participant prior to any discussion of any data related to any applicant or participant or their certification.
Collection of Personal Information for Voters
WAAC 434-324-010 states that each auditor must enter and maintain voter registration records in the official statewide voter registration database by using the election management system. Each record must contain at least the following information from the voter registration application in a format compatible with the official statewide voter registration database:
- Name
- Complete residential address
- Complete mailing address
- Voter registration number
- Gender
- Date of birth
- Date of original registration
- Applicable district and precinct codes
- Elections in which the individual was eligible to vote and if the voter voted, if available
- Washington state driver license number, Washington state identification card number, valid tribal identification card, and/or the last four digits of the applicant’s Social Security number
- An electronic scanned image file of the applicant’s signature
If a voter registration application is incomplete, the county auditor may use other government resources and public records to confirm the missing information, except if the missing information is the applicant’s signature or confirmation of United States citizenship. The county auditor may also attempt to contact the applicant by phone, email or other means to obtain identification information. If, after these attempts, the county auditor is still unable to obtain the incomplete information, the county auditor must send the applicant a verification notice as defined by RCW 29A.08.030.
Updating Participant Information
WAAC 434-840-027 states that program participants and applicants shall send signed, written notification of any change in mailing or actual address, telephone number, legal name, or permanent contact data to the secretary of state. If a participant changes their legal name, they must send a signed written notification to the secretary of state accompanied by a copy of the court order or other formal document indicating the legal name change. Prior to making any change in participant information, the secretary of state must compare the signature on the original application, or other documents on file, and conclude that the signatures are the same.
Application Process
WAAC 434-840-010 states that the secretary of state shall certify an applicant as a program participant when the secretary of state receives an application that contains specific information, including the applicant’s full legal name and date of birth, a listing of all minor children residing at the residential address, and a sworn statement, under penalty of perjury, by the applicant, that the applicant has good reason to believe either that they are a victim of domestic violence, sexual assault, trafficking, or stalking, or that they are a criminal justice participant as defined in RCW 9A.46.020. The completed application and any additional materials shall be submitted to the secretary of state.
Processing Voter Registrations
WAAC 434-324-040 states that upon entry of a new voter registration, the statewide voter registration database must assign a registration identification number to the registration. If the applicant provided a Washington driver’s license number, state identification card number or valid tribal identification card, the applicant’s identity is verified with the department of licensing. If the applicant provided the last four digits of their Social Security number, the applicant’s identity is verified with the Social Security Administration through the department of licensing. If the applicant’s identity is not verified or cannot be verified in the automated verification process, the county auditor must confirm the accuracy of the information entered from the voter registration application. The county auditor must correct any errors and again attempt to verify the applicant’s identity automatically.
Conclusion
In summary, Washington State has specific requirements for collecting personal information from program participants and voters. Program participants’ personal information is collected and maintained by the Secretary of State, while voter registration records are maintained by each auditor using the election management system. Requests for record check information must be made in writing and include specific information about the individual being checked. Participants can update their information by sending signed, written notification to the secretary of state. The application process for program participants requires specific information and a sworn statement. Voter registrations are processed through an automated verification process, and the county auditor must confirm the accuracy of the information entered if the applicant’s identity cannot be verified automatically.
Jurisdiction
Washington