Data Breach Notification Laws in WA: a Comprehensive Guide

Understanding your data breach notification requirements under WA law is critical to maintaining legal compliance.

As leading data privacy and cybersecurity attorneys in Seattle, we understand the many challenges to successfully navigating a data breach. Here’s the good news: You don’t have to manage it alone. Contact By Design Law to learn more.


Data breaches are an increasingly common occurrence, and they don’t just affect companies with weak cybersecurity strategies. The reality is that even organizations with robust cybersecurity measures in place can fall victim to a data breach, which is exactly why data breach response planning is so critical.


In the aftermath of a serious data breach, it makes sense to be preoccupied with controlling the story; after all, public perception can make or break a company. After the breach is contained, however, the most important thing to focus on is legal compliance with notification laws. Prioritizing compliance not only keeps you out of legal trouble but also demonstrates your commitment and integrity to the public.


If you own a business in Washington State, understanding your notification requirements is critical. Unsure about what your obligations are? Don’t worry — By Design Law is here to help. This article will provide an overview of data breach notification laws in WA, define essential terms, and explore the penalties associated with non-compliance.


Are you struggling to ensure legal compliance with state and federal business laws? An experienced Seattle attorney can help you understand your obligations and achieve compliance through a custom-tailored strategy.
Schedule a consultation to get started.


Why Notification Laws Matter

Before we go over the specific data breach notification laws for Washington businesses, it’s important to discuss why it matters. When data breaches happen, a wealth of sensitive information — from social security numbers and financial data to health records — is leaked, often sold on the dark web. This leads to a range of devastating cybercrimes, including identity theft, financial fraud, and other types of exploitation.


By forcing organizations to initiate a fast response, data breach notification laws allow consumers to take immediate action, protecting themselves and their sensitive data. Consumers are empowered to change passwords, monitor financial transactions, place fraud alerts on their accounts, and more.


Although data breach notification laws serve primarily to protect consumers, organizations also have the opportunity to benefit. Notification laws encourage companies to invest in robust security measures, protecting both the organization’s and consumers’ rights. By requiring organizations to comply with notification requirements, these laws push companies to be more transparent and responsible — which benefits everyone.


Overview of Washington State Data Breach Laws

Business owners in Washington State can find their notification obligations in Revised Code of Washington (RCW) 19.255.010 and RCW 42.56.590 . These statutes detail notification obligations for both public agencies and businesses in Washington, providing a roadmap for effective data breach response.


For the purposes of this article, it’s important to know how Washington State defines these two key terms:


  • Personal information. Washington State defines personal information as an individual’s first name (or first initial) and last name — when leaked in combination with sensitive data elements that are not encrypted. Data elements include social security numbers, driver’s license or state-issued ID card numbers, financial account numbers and passwords/access codes, an individual’s full date of birth, private keys used to authenticate electronic records, information related to medical history, and biometric data.


  • Data breach. Washington defines a data breach as the unauthorized acquisition of data that could compromise the security, confidentiality, or integrity of personal data that is maintained by an entity.


If an organization experiences a small data breach but the information accessed does not meet the criteria for personal information, that organization may not be required to comply with certain notification laws.


Notification Requirements for Organizations in WA

Digging into data breach notification laws and requirements may seem daunting, but they really just boil down to a few main obligations. The following four requirements encapsulate the bulk of an organization’s requirements post-breach:


  • Timing of the notification. Organizations must make their notifications as quickly as possible, without unreasonable delays, no later than 30 days after the breach was discovered. That being said, delays may be permissible if they are necessary to determine the scope, restore system integrity, or if notification would impede a criminal investigation.


  • Content of the notification. A data breach notification must include the following: the date of the breach, the date of discovery, the types of personal information involved, a toll-free number that affected individuals can use to get more information, and toll-free contact numbers and addresses for credit reporting agencies.


  • Methods of notification. Notifications can be in written notice or electronic form (as long as it’s consistent with E-Sign Act requirements ). Notifications may be made in a substitute notice if the cost of providing notice exceeds $250,000; if the entity has insufficient contact information; or if more than 500,000 were affected by the breach.


  • Notifying the Attorney General’s Office. If the breach affects more than 500 Washington residents, the organization must notify the Washington State Attorney General. The notification should include the types of personal information compromised, a copy of the notice that was sent to affected individuals, the number of WA residents affected, and steps taken to remedy the breach.


Depending on the specific details of the incident, an organization may be subject to other notification requirements. For example, if a third-party vendor suffers a breach that affects a business’s personal data, the vendor must alert them immediately. At that point, the business becomes responsible for notifying the affected individuals.


Additionally, organizations in Washington State must coordinate their notification strategies with federal compliance requirements outlined in laws such as the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA).


Penalties for Non-Compliance

It’s important to understand that non-compliance can result in serious legal penalties and consequences — especially if it causes additional harm to consumers. The Washington Attorney General may bring legal action against you to enforce compliance, and you may incur significant civil penalties as well. Perhaps most damaging, public opinion of your organization may plummet, devastating your finances and reputation.


By Design Law: Top Data Privacy & Business Law Attorneys in Seattle, WA

Washington’s data breach notification laws are designed to protect consumers when their most sensitive personal information is leaked. However, compliance isn’t always easy — especially when businesses don’t understand their obligations. The best way to protect yourself, your organization, and Seattle consumers is to consult an experienced Seattle attorney to help navigate your legal requirements. Luckily, you don’t have to look too far — contact By Design Law today to discuss your options.


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