Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-14 - Access to public records of the public disclosure commission › Section 390-14-035 - What records are exempt from public inspection and copying?

Current through Register Vol. 24-14, July 15, 2024
(1) The public records
			 officer may redact information from any record prior to permitting public
			 inspection or copying if the information is exempt from disclosure according to
			 RCW
			  42.56.210, another section of
			 chapter
			 42.56 RCW or other
			 applicable law. After such information is redacted, the remainder of the record
			 may be made available. It is possible a record may be withheld in its
			 entirety.
(2) If the agency denies
			 all or part of your request, you will be provided a written statement
			 specifying the reason for the denial, including a statement of the specific
			 exemption authorizing the withholding of the record and a brief explanation of
			 how the exemption applies to the record withheld.
(3) Examples of exemptions that the agency
			 may cite include, but are not limited to: Records related to a pending
			 investigation (RCW
			  42.56.240(1)); records
			 protected by the attorney client privilege or attorney work product
			 (RCW
			  42.56.290 and
			 5.60.060); personal information in
			 any files maintained for employees, appointees or elected officials to the
			 extent that disclosure would violate their right to privacy (RCW
			  42.56.230); and bank account, credit card or
			 similar numbers (RCW  42.56.230).
(4) During the course of any investigation,
			 records generated or collected as a result of that investigation are exempt
			 from public inspection and copying under
			 RCW
			  42.56.240(1), until the
			 investigation is completed. See WAC
			 390-37-060(4).
(5) If you make a request for a record that
			 implicates the privacy of an individual as defined in
			 RCW
			  42.56.050, the agency may provide written
			 notice of the request to allow the individual to request a protective order
			 from a court under
			 chapter
			 42.56 RCW.
(6) The commission is required by law to
			 return certain documents provided to the commission by candidates, campaigns,
			 or political committees within one week of the completion of an audit or field
			 investigation; therefore, those records may not be in the agency's possession
			 if a records request is made after that time. See
			 RCW
			  42.17A.105.
(7) The agency is prohibited by
			 RCW
			  42.56.070 from disclosing lists of
			 individuals for commercial purposes. If you request such records you may be
			 required to sign an affidavit attesting that you will not use those records for
			 commercial purposes.
(8) The
			 commission may, in its discretion, release requested records despite the
			 applicability of exemptions, if it determines that it is in the public interest
			 and that the rights of third parties will not be prejudiced. This provision
			 does not apply to releases of lists of individuals for commercial
			 purposes.
Statutory Authority:
				  RCW
				  42.56.100,
				  42.56.040, and
				  42.17A.110. 12-18-015, §
				  390-14-035, filed 8/24/12, effective 9/24/12. Statutory Authority:
				  RCW
				   42.17A.110. 12-03-002, § 390-14-035,
				  filed 1/4/12, effective 2/4/12. Statutory Authority: RCW  42.17.370(1).
				  99-12-061, § 390-14-035, filed 5/27/99, effective 6/27/99; 85-15-020
				  (Order 85-03), § 390-14-035, filed 7/9/85; Order 62, § 390-14-035,
				  filed 8/26/75.