WISP requirements in Washington
Washington has one of the shortest hard clocks in the current batch: 30 calendar days for both resident notice and Attorney General notice when the 500-resident threshold is met. A Washington incident file should preserve discovery date, harm-risk analysis, whether encrypted data became unsecured through a key compromise, resident count, AG web-form confirmation, and the plain-language notice elements listed in RCW 19.255.010.
Key facts
- Washington firms should keep a written security program tied to the FTC Safeguards Rule and IRS taxpayer-data guidance.
- Resident notice in the most expedient time possible, without unreasonable delay, and no more than 30 calendar days after discovery, subject to law-enforcement delay or scope/restoration needs; Attorney General notice for more than 500 Washington residents within the same 30-day discovery window.
- Notify the Washington Attorney General within 30 days after discovery when notification is required to more than 500 Washington residents from a single breach; include affected-consumer count, information types, exposure timeframe, containment summary, and a redacted sample resident notice.
Key takeaways
- Washington firms should keep a written security program tied to the FTC Safeguards Rule and IRS taxpayer-data guidance.
- Resident notice in the most expedient time possible, without unreasonable delay, and no more than 30 calendar days after discovery, subject to law-enforcement delay or scope/restoration needs; Attorney General notice for more than 500 Washington residents within the same 30-day discovery window.
- Notify the Washington Attorney General within 30 days after discovery when notification is required to more than 500 Washington residents from a single breach; include affected-consumer count, information types, exposure timeframe, containment summary, and a redacted sample resident notice.
- The WISP should preserve evidence, remediation steps, and annual review records.
Do Washington tax preparers need a WISP?
Yes, if they are covered by the FTC Safeguards Rule or IRS tax-data security expectations, they should maintain a written plan. Washington state breach-notice duties make incident planning especially important.
The WISP should start with federal obligations because the Safeguards Rule supplies the security-program structure.
Washington requires Attorney General notice no more than 30 days after discovery when a single breach requires notice to more than 500 Washington residents; the AG notice can be submitted through the Data Breach Notification Web Form.
What is specific to Washington?
Resident notice in the most expedient time possible, without unreasonable delay, and no more than 30 calendar days after discovery, subject to law-enforcement delay or scope/restoration needs; Attorney General notice for more than 500 Washington residents within the same 30-day discovery window. The plan should identify who evaluates state notice, who contacts counsel, and where the decision record is kept.
State breach-notification law does not replace the Safeguards Rule. It adds a state-specific response layer when an incident affects Washington residents.
Washington residents whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person, when the information was not secured or the means to decipher secured information was acquired and the breach is reasonably likely to subject consumers to a risk of harm.
Notify the Washington Attorney General within 30 days after discovery when notification is required to more than 500 Washington residents from a single breach; include affected-consumer count, information types, exposure timeframe, containment summary, and a redacted sample resident notice.
What should the WISP say?
It should describe real safeguards, assign responsibility, map vendors and systems, and include an incident-response path that reaches state-law review quickly.
For a small firm, the strongest plan is plain and evidence-backed: MFA records, backup tests, access reviews, training, vendor lists, and remediation dates.
The plan should never promise a control that is not actually in place.
| Topic | Washington planning note | Evidence |
|---|---|---|
| Federal WISP | Use 16 CFR Part 314 as the program backbone | WISP and annual review |
| IRS tax data | Account for taxpayer records, PTIN practice, portals, and e-file workflows | System inventory and access list |
| Breach notice | Resident notice in the most expedient time possible, without unreasonable delay, and no more than 30 calendar days after discovery, subject to law-enforcement delay or scope/restoration needs; Attorney General notice for more than 500 Washington residents within the same 30-day discovery window. | Incident clock and counsel review record |
| Regulator path | Notify the Washington Attorney General within 30 days after discovery when notification is required to more than 500 Washington residents from a single breach; include affected-consumer count, information types, exposure timeframe, containment summary, and a redacted sample resident notice. | Notification decision log |
| State statute | Wash. Rev. Code § 19.255.010 | Source URL retained in page sources |
FAQ
Is this legal advice?
No. Policywright is a configurable template product, not a law firm and not legal advice. A qualified lawyer should review state-law reliance or breach-notification decisions.
Does a small firm still need a written plan?
Yes. The Safeguards Rule requires a written information security program for covered financial institutions, and IRS guidance tells paid tax preparers to maintain a written data security plan.
What if a control is not in place yet?
A serious WISP should not pretend. It should identify the gap, assign an owner, set a target date, and preserve a dated remediation record.
Does Washington have its own WISP law?
This page does not claim a standalone Washington WISP statute for every firm. It explains how federal WISP duties should be paired with Washington breach-notification planning.
Who reviews Washington breach notice?
The incident plan should route state-law decisions through qualified counsel and preserve any Washington Attorney General regulator-notice analysis.
Sources
- FTC Safeguards Rule, 16 CFR Part 314 (eCFR)
- FTC, Safeguards Rule: What Your Business Needs to Know
- FTC, Safeguards Rule notification requirement now in effect (16 CFR 314.4(j), eff. May 13, 2024)
- IRS Publication 5708, Creating a Written Information Security Plan
- IRS Publication 4557, Safeguarding Taxpayer Data
- IRS Form W-12, PTIN Application and Renewal
- IRS Publication 1345, Handbook for Authorized IRS e-file Providers
- Washington RCW 19.255.010
- Washington Attorney General data breach notification laws
- Washington Attorney General data breach resource center
- Washington Attorney General data breach notifications directory
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