Wash. Rev. Code § 9.35.005

Current through 2024

Section 9.35.005 - Definitions

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Financial information" means any of the following information identifiable to the individual that concerns the amount and conditions of an individual's assets, liabilities, or credit:

(a) Account numbers and balances;

(b) Transactional information concerning an account; and

(c) Codes, passwords, social security numbers, tax identification numbers, driver's license or permit numbers, state identicard numbers issued by the department of licensing, and other information held for the purpose of account access or transaction initiation.

(2) "Financial information repository" means a person engaged in the business of providing services to customers who have a credit, deposit, trust, stock, or other financial account or relationship with the person.

(3) "Means of identification" means information or an item that is not describing finances or credit but is personal to or identifiable with an individual or other person, including: A current or former name of the person, telephone number, an electronic address, or identifier of the individual or a member of his or her family, including the ancestor of the person; information relating to a change in name, address, telephone number, or electronic address or identifier of the individual or his or her family; a social security, driver's license, or tax identification number of the individual or a member of his or her family; and other information that could be used to identify the person, including unique biometric data.

(4) "Person" means a person as defined in RCW 9A.04.110.

(5) "Senior" means a person over the age of sixty-five.

(6) "Victim" means a person whose means of identification or financial information has been used or transferred with the intent to commit, or to aid or abet, any unlawful activity.

(7) "Vulnerable individual" means a person:

(a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself;

(b) Who has been placed under a guardianship under RCW 11.130.265 or has been placed under a conservatorship under RCW 11.130.360;

(c) Who has a developmental disability as defined under RCW 71A.10.020;

(d) Admitted to any facility;

(e) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW;

(f) Receiving services from an individual provider as defined in RCW 74.39A.240; or

(g) Who self-directs his or her own care and receives services from a personal aide under chapter 74.39 RCW.

RCW 9.35.005

Amended by 2020 c 312,§ 706, eff. 1/1/2022.

Amended by 2017 c 4,§ 3, eff. 12/8/2016.

2001 c 217 § 1.

Effective dates- 2020 c 312 : See note following RCW 11.130.915.

Short title- 2017 c 4 (Initiative Measure No. 1501): "This act may be known and cited as the seniors and vulnerable individuals' safety and financial crimes prevention act." [2017 c 4 s 1 (Initiative Measure No. 1501, approved November 8, 2016).]

Intent- 2017 c 4 (Initiative Measure No. 1501): "It is the intent of this initiative to protect the safety and security of seniors and vulnerable individuals by (1) increasing criminal penalties for identity theft targeting seniors and vulnerable individuals; (2) increasing penalties for consumer fraud targeting seniors and vulnerable individuals; and (3) prohibiting the release of certain public records that could facilitate identity theft and other financial crimes against seniors and vulnerable individuals." [2017 c 4 s 2(Initiative Measure No. 1501, approved November 8, 2016).]

Construction- 2017 c 4 (Initiative Measure No. 1501): "This act shall be liberally construed to promote the public policy of protecting seniors and vulnerable individuals from identity theft, consumer fraud, and other forms of victimization." [2017 c 4 s 12(Initiative Measure No. 1501, approved November 8, 2016).]

Captions not law-2001 c 217: "Captions used in this act are not any part of the law." [ 2001 c 217 s 14.]