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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Agency" means any state board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch of state government. "Agency" includes all elective offices, the state legislature, those institutions of higher education created and supported by the state government, and those courts that are parts of state government. "Agency" does not include a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930.
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"Personal information" means:
(A) Social security number;
(B) Driver's license number or Washington identification card number;
(C) Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account, or any other numbers or information that can be used to access a person's financial account;
(D) Full date of birth;
(E) Private key that is unique to an individual and that is used to authenticate or sign an electronic record;
(F) Student, military, or passport identification number;
(G) Health insurance policy number or health insurance identification number;
(H) Any information about a consumer's medical history or mental or physical condition or about a health care professional's medical diagnosis or treatment of the consumer; or
(I) Biometric data generated by automatic measurements of an individual's biological characteristics such as a fingerprint, voiceprint, retinas, irises, or other unique biological patterns or characteristics used to identify a specific individual;
ii. An individual's user name or email address in combination with a password or security questions and answers that would permit access to an online account; and
iii. Any of the data elements or any combination of the data elements described in (a)(i) of this subsection without the consumer's first name or first initial and last name if:
(A) Encryption, redaction, or other methods have not rendered the data element or combination of data elements unusable; and
(B) The data element or combination of data elements would enable a person to commit identity theft against a consumer.
b. The term "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
Each agency shall collect voluntary self-identification demographic data using the United States office of management and budget statistical policy directive number 15 as published on March 29, 2024, that provides common language for uniformity and comparability in the collection and use of race and ethnicity data, minimum categories, and corresponding detailed categories and subcategories.
Each agency must consider and base demographic data collection on the appropriate demographic data set necessary with regard to appropriate target demographic categories or subcategories of a program or agency being evaluated.
The data collected under subsection (1) of this section must be included in every demographic report on race or ethnic origin by the state agency, board, or commission published or released after June 30, 2025. The reports must state the reasoning and process used to determine the appropriate data set. If the appropriate data set cannot be collected, the report should state the reasons why. The data must be made available to the public in accordance with state and federal law, except for personal information, which shall be deemed confidential.
If any questions arise regarding the appropriate racial, ethnic, or cultural categories or subcategories from which data should be collected for any given program, the state ethnic commissions and the governor's office of Indian affairs should be consulted for advice.
An agency must comply with the requirements of this section as early as possible following the effective date of this section, but at the latest by June 30, 2026.
An agency may submit a request to the office of financial management for an exemption to the requirement to collect more detailed data beyond the minimum categories if the agency determines that the potential benefit of the detailed data would not justify the additional burden to the agency and the public or the additional risk to privacy or confidentiality.
An agency may submit a request to the office of financial management for a variance to the detailed categories if the agency determines that collecting different detailed data categories than the ones listed in United States office of management and budget statistical policy directive number 15 provides more useful or accurate data for the collection's specific context and intended uses. Any variances in detailed data collection must be able to be aggregated up to the required minimum categories.
The office of financial management must review agency requests for exemptions and variances, and only approve the requests if they contain sufficient justification.
The office of financial management and agencies must consult with the ethnic commissions and the governor's office of Indian affairs regarding which demographic breakdown is most important and relevant to the program or programs being analyzed.
(1) The superintendent of public instruction must collect and school districts must submit all student-level data using the United States department of education 2007 race and ethnicity reporting guidelines, including the subracial and subethnic categories within those guidelines, with the following modifications: