GLACIS·US state AI laws·Washington·Updated August 2026
Washington State AI laws, current through August 2026.
Three new laws signed in March 2026 changed the Washington picture: HB 1170 (AI content disclosure), HB 2225 (companion chatbots), and SSB 5886 (digital-likeness rights). Add SB 6280 facial recognition and the My Health My Data Act and Washington is now one of the more-regulated states for AI deployment.
HB 1170 (AI content disclosure / watermarking) signed by Governor Ferguson on March 24, 2026. Applies to covered large AI providers whose products exceed the statute’s monthly-user threshold. Generative AI content must be traceable using watermarks or provenance metadata. Effective February 1, 2027.[WA1]
HB 2225 (AI companion chatbots) signed March 24, 2026. Regulates companion-chatbot products with explicit minor-protection provisions. Effective January 1, 2027. Companion-chatbot operators face additional duties of care.[WA2]
SSB 5886 (Personality Rights Law / digital likeness) signed March 16, 2026. Amends Washington’s personality-rights statute to cover AI-generated audio and video deepfakes. Effective June 11, 2026.[WA3]
Earlier laws still in force: SB 5152 (election deepfake disclosure, 2023), the My Health My Data Act, SB 6280 facial-recognition restrictions for state and local agencies (2020). Washington also follows the federal preemption debate closely. Governor Ferguson signed an amicus brief opposing broad federal preemption in March 2026.
Executive summary
Washington State has established itself as a leader in AI governance through targeted legislation addressing specific high-risk applications. SB 6280 (2020) created the nation’s first comprehensive framework for government facial recognition use, while the My Health My Data Act (2023) established broad health data protections with significant AI implications.
The AI Task Force, established in 2024 and administered by the Attorney General’s Office, released its final report on July 1, 2026. Across three reports, the Task Force made 11 policy recommendations. Those recommendations may inform future policy, but they are not themselves law.[WA4]
HB 1168 remains pending. On January 12, 2026, it was reintroduced, retained in its present status, and referred to the House Technology, Economic Development & Veterans Committee. It has not been enacted, so its proposed training-data disclosure provisions are not current legal requirements.[WA5]
SB 6280: Facial Recognition Regulation
Enacted in March 2020 and effective July 2021, SB 6280 was the first comprehensive state law regulating government use of facial recognition technology. It establishes accountability requirements and use limitations that serve as a model for other jurisdictions.
Key Requirements for Government Agencies
Pre-Deployment Requirements
- File notice of intent to use facial recognition
- Specify intended purpose and scope
- Produce accountability report (public)
- Post report 90+ days before operational use
Law Enforcement Restrictions
- Warrant required before facial recognition use
- Emergency exception for exigent circumstances
- Meaningful human review required
- Cannot be sole basis for establishing identity
Permitted Uses
- Locating missing persons
- Identifying deceased persons
- Amber Alert investigations
- Identifying potential crime victims
Enforcement Limitations
- No explicit penalties for violations
- No private right of action
- Relies on agency compliance
- Civil liberties groups seek strengthening
Who’s Covered?
Covered Entities
- State agencies
- Local government agencies
- Vendors/contractors for above
Not Covered
- Private businesses
- Federal agencies in WA
- Personal/non-commercial use
Key Dates
- Enacted: March 2020
- Effective: July 2021
- Status: Active law
My Health My Data Act (HB 1155)
Signed April 27, 2023, the My Health My Data Act creates comprehensive protections for consumer health data outside of HIPAA. While not AI-specific, it significantly impacts AI systems that process health information, establishing consent requirements and consumer rights.
Effective Dates
Section 10
July 23, 2023
Geofencing prohibition
Sections 4-9
March 31, 2024
Large entities
Sections 4-9
June 30, 2024
Small businesses
Key Requirements
- Consent: Required for collection and sharing of consumer health data
- Privacy policy: Must disclose health data practices
- Consumer rights: Access, withdraw consent, request deletion
- Geofencing ban: Cannot use location to identify healthcare visits
AI Implications
- Training data: Consent needed for health data used in AI training
- Inference data: Health inferences from AI may be covered
- Third-party sharing: AI vendors receiving health data must comply
- Deletion rights: Consumers can request deletion from AI systems
Enforcement
Attorney General
Can bring enforcement actions for violations of the Act
Private Right of Action
Individuals can sue for violations, unlike many state privacy laws
Washington AI Task Force (ESSB 5838)
Established in 2024 by ESSB 5838, the Washington AI Task Force was administered by the Attorney General’s Office and brought together industry, civil liberties, labor, academia, and government stakeholders. It completed the third of its three reports on July 1, 2026; the reports contain 11 policy recommendations, not enacted requirements.[WA4]
Task Force Timeline
Preliminary Report
Preliminary report released December 30, 2024
Interim Report
Interim report released December 1, 2025
Final Report
Final report released July 1, 2026; three reports contain 11 policy recommendations
Selected Task Force recommendations (not law)
Law Enforcement AI Disclosure
The Task Force recommended public disclosure of law-enforcement AI uses. This recommendation does not itself impose a disclosure duty.
Comprehensive Framework
The Task Force recommended a statewide approach intended to balance innovation with consumer protection. Legislative action would be needed to turn recommendations into new requirements.
Task Force Membership (19 members)
Pending Legislation: HB 1168
Pending Legislation
HB 1168 - AI Training Data Transparency was reintroduced on January 12, 2026, retained in its present status, and referred to the House Technology, Economic Development & Veterans Committee. It has not been enacted. If enacted, the proposal would require certain generative AI developers to publish training-data information.[WA5]
HB 1168: Generative AI Training Data Transparency
What the proposal would require
- Post public documentation about training data
- Disclose whether data includes personal information
- Applies retroactively to systems since Jan 1, 2022
Who the proposal would cover
- Generative AI developers
- Systems available to Washington users
- Trade secrets/proprietary info protected
Status as of August 26, 2026: Reintroduced January 12, 2026 and referred to the House Technology, Economic Development & Veterans Committee. Not enacted; no effective date.[WA5]
References
- [WA1] Washington State Legislature, HB 1170 bill summary and enacted text (2025–26 biennium).
- [WA2] Washington State Legislature, HB 2225 bill summary and enacted text (2025–26 biennium).
- [WA3] Washington State Legislature, SSB 5886 bill history and enacted text (2025–26 biennium).
- [WA4] Washington State Office of the Attorney General, Artificial Intelligence Task Force (final report released July 1, 2026; three reports and 11 policy recommendations).
- [WA5] Washington State Legislature, HB 1168 bill history (2025–26 biennium; 2026 referral status).
Operating AI in Washington?
Supervision a regulator can review.
Reviewable evidence for selected watermarking, companion-chatbot, and digital-likeness control workflows. Applicability and evidentiary sufficiency remain fact-specific.
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