Bill
SB 6299
Washington SB 6299 bans using an employee's voice/likeness without consent and requires clear, timely disclosures when AI, including generative AI, informs employment decisions.
A. Overview and purpose
- SB 6299, with both the original version (S-4240) and the Substitute (S-4519.1), seeks to protect employee rights in the workplace in relation to the use of digital technology, including voice/likeness replication and artificial intelligence (AI), including generative AI.
- The bill would add a new section to Chapter 49.44 RCW (employee privacy in the workplace) establishing prohibitions and disclosure requirements for employers.
B. Key provisions and changes
1) Use of a replica of an employee’s voice or likeness
- Prohibition: Employers may not use a replica of an employee’s voice or likeness without explicit consent for a specific use.
- Timing of consent (differences between versions):
- Original (S-4240): Consent must be provided at the time of use (i.e., when the replica is used for a specific purpose), and the employer must give a reasonably specific description of the intended use.
- Substitute (S-4519.1): Consent must be within 30 days prior to the time of use (not necessarily at initial hire), and the employer must give a reasonably specific description of the intended use.
- Effect: Creates a control point for employees to approve or deny particular uses of their voice or likeness in digital technology.
2) Use of artificial intelligence (AI) or generative AI in employment decisions
- Prohibition: Employers cannot use AI or generative AI to evaluate or otherwise make employment decisions about current employees without written disclosure of the technology’s use.
- Timing of disclosure:
- Both versions require disclosure either at the time of the employee’s initial hire or within 30 calendar days of the employer starting to use the technology for such purposes.
- Disclosure requirements: Written disclosure must be understandable, in plain language, and in the employee’s preferred language.
- Definitions: The bill defines:
- "Artificial intelligence" as technologies that enable machines to simulate human intelligence.
- "Generative artificial intelligence" as technology that can learn patterns from data and generate content guided by prompts.
- Effect: Increases transparency about when and how AI tools influence employment decisions.
3) Additional provisions in the Substitute (S-4519.1)
- Collective bargaining: Section clarifies that nothing in this act should be construed as altering mandatory subjects of collective bargaining.
C. Who is affected
- Employers in Washington state (public and private) using digital technology for employee evaluation, decisions, or for reproducing voices/likenesses.
- Employees and current workers whose voices/likenesses might be used or who may be evaluated by AI/generative AI tools.
- Labor organizations and bargaining units, due to the collective bargaining caveat in the substitute.
D. Procedural and timeline context
E. Potential impact
- Employee rights: Strengthens protections around consent for voice/likeness use and requires clear, timely disclosure when AI tools are used in employment decisions.
- Employer compliance: Requires tracking of consent timing, providing specific descriptions of intended uses, and producing plain-language disclosures in employees’ preferred languages.
- Bargaining dynamics: The substitute’s collective bargaining clause preserves the role of unions in negotiating terms related to these technologies.
F. Notes for readers
- If enacted, this act would become a new section within RCW 49.44, providing a rights-based framework governing how digital technologies may be employed in the workplace.
- The exact timing and application depend on whether the original or substitute version advances through the remaining legislative steps.
Compiled from official sources — confirm details with the bill’s official record.
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