| Entities | Washington (6) |
| Topics and Issues | Driver's Privacy Protection Act (DPPA) (2) Privacy (42) |
In fall 2022, the Washington Department of Licensing (DOL) circulated a proposed rule to amend Wash. Administrative Code Chapter 308-10A, concerning public disclosure of records under the DOL, formerly the Department of Motor Vehicles and the Department of Licenses). The first edition of this proposal is WSR 22-17-171, and it would create a new Title 10A, Data Privacy. Among other things, there is this provision in the proposed rule for a new Sec. 308-10A-902:
WAC 308-10A-902 Fair Credit Reporting Act (15 U.S.C. Section 1681, as amended). The recipient or subrecipient [as defined by WAC 308-10A-100(20) and (24)] must not use the statute of limitations for legal action under the Fair Credit Reporting Act (FCRA), or similar federal or state law, as a basis for record retention. The recipient must establish and maintain data retention policies based on using records as authorized in the data sharing agreement and when the business use of the data has been fulfilled, with the intent of destroying the record as soon as the record is no longer needed for the permissible use.
This proposal was issued last fall and taken up at a hearing in September 2022. However, because of technical issues around that hearing, there will be a new proposal released and a new hearing announced in early-2023.
Resources:
Washington Department of Licensing, Rulemaking activity: Public records and data privacy