The House adopted a striking amendment that adds a private right of action for a violation of the facial recognition legislation.

The striking amendment to SB 6280 includes language allowing individuals to file a private right of action against a jurisdiction for violating the provisions of the facial recognition legislation. An individual may seek the following relief from a city:

• Injunctive relief: Preventing the release of information;
• Declaratory relief: A decision on the rights of the parties; and
• Writ of mandate: An order by the court for the agency to follow the law.

Additionally, the language provides that the court shall award costs and reasonable attorney's fees to the prevailing plaintiff.

SB 6280 also adds an additional section to RCW 9.73 limiting law enforcement’s ability to use facial recognition software or services. Restrictions on law enforcement include using a facial recognition service to:

• Engage in surveillance, conduct an identification, or create a facial template;
• Track an individual based on their religious, political, or social activities; or
• Provide the only source of evidence to establish probable cause in a criminal investigation.

The Senate voted to not accept the changes and the bill now moves back to the House to either remove the language or adhere to the House’s position.

AWC opposes these changes to the bill and encourages cities to contact their legislators immediately to ask that they remove the private right of action language.