The Department has correlated the below citations with the General Records Council’s (GRC) list of 24 Exemptions … Salary and benefit information of public employees is normally open to the public, Tacoma Pub. 8. Records about individual claims resolution structural settlement agreements provided to the Board of Industrial Insurance Appeals are exempt under RCW 51.04.063 and in the PRA under RCW 42.56.230(8). Research, Intellectual Property, and Proprietary Information; RCW 42.56.270, Other Laws, a. Only purely personal information unrelated to 'the conduct of the public's business' could be considered exempt from this definition, i.e., the shopping list phoned from home, the letter to a public officer from a friend which is totally void of reference to governmental activities. RCW 70.02.270. Once an investigation is complete, the records are no longer categorically exempt. " As the California Supreme Court recognized in CBS v. Block: Implicit in a democratic process is the notion that government should be accountable for its actions. In accordance with G.L. c. 66, § 10(d), you may be assessed a fee for the costs associated with the production of public records. 2. Accordingly, records or portions of records covered by the attorney-client privilege are exempt under the PRA. Student, Institutional Residents, and Public Assistance Records: RCW 42.56.230(1). § 1232g), Medical or counseling facilities where patients are treated or health care information is shared, Health care information protected by state or federal laws, Communications from and identifies of witnesses or victims of domestic violence or sexual assault. See Beltran v. Dep't Social & Health Services (1999). An agency agreement or promise not to disclose a record cannot create an exemption that does not exist in the law. RCW 70.48.100(3); Cowles Publ’g Co. v. Spokane Police Dep’t (1999). RCW 42.56.400 exempts from production records to include the following records: (1) Board of Industrial Insurance Appeals records related to appeals of crime victims' compensation claims; (2) Health Care Authority records under RCW 41.05.026 transferred to another state purchased health care program, to a technical review committee created to acquire state purchased health care; (3) Identification of all owners or insureds received by the Insurance Commissioner under chapter 48.102 RCW; (4), (5) and (7) - (24) Information provided to the Insurance Commissioner under various legal requirements; (6) Examination reports and information obtained from regulated institutions by the Department of Financial Institutions; Various other exemptions exist in this section for records filed with the Insurance Commissioner under the various regulated programs. An exemption will not be inferred or presumed. 3: responding to a public records request ch. Exempt Records. For a list of these exemptions, see the linked table prepared by the Office of the Code Reviser (see the list under “Schedule of Review,” then select the most recent year). Some public records are exempt from disclosure (either in whole or in part) under the Public Records Actor other statutes; if a record is exempt from disclosure, the agency has the option to disclose the record but is not required to. This exemption only protects records during a limited window of time while the action is “pending,” and the withheld records are no longer exempt after final action is taken. The following public records are exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department): (1) Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency determination of policy or action. If an agency is a party to a controversy, the agency may withhold records that normally would be privileged under litigation discovery rules (commonly called the “work product” doctrine). Part 2. ]" Citing with approval an even broader definition of public records adopted by the California Attorney General, another court has stated: This definition is intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record-keeping instrument as it is developed. Security and Terrorism: RCW 42.56.420. Times Mirror Co., 53 Cal. Recordings are presumed to be highly offensive if they depict: Note that, even if a recording is presumed to be highly offensive, the agency must still meet the second prong of the privacy test and show that the recording is not of legitimate concern to the public. The test to determine if the right to privacy is violated requires a showing that the information about an employee would be “highly offensive” if disclosed and is not of “legitimate” public concern.  In 1991, the California Supreme Court made clear that under this writ procedure, trial court orders are reviewable on their merits. Instead, the agencies look to exemptions such as RCW 42.56.230(3) and RCW 42.56.250(3) to decide whether or not to redact personal information from these records. The PRA requires exemptions to be narrowly construed to promote the public policy of disclosure. The Court further found no legislative intent to protect confidentiality of the identities of these offenders. Columbian Publishing Co. v. City of Vancouver (1983). 1. Requestors should be aware that several categories of State Bar records are exempt from disclosure under Senate Bill 387, including the following: State Bar discipline investigation records and Office of Chief Trial Counsel records (Bus. Because of the outcry from the media, state leaders backed down within the week and reversed the changes. " By promoting prompt public access to government records, the CPRA is "intended to safeguard the accountability of government to the public. RCW 42.56.250(5). Exemptions within the PRA can be "permissive rather than mandatory." However, a coroner or medical examiner is not prohibited from publicly discussing findings on deaths caused by a law enforcement or corrections officers. The PRA has a description of when privacy is invaded, described at RCW 42.56.050, but that statute is not an exemption. Preliminary drafts or recommendations, notes and intra-agency communications may be withheld by an agency if they pertain to the agency's deliberative process and show the exchange of opinions within an agency before it reaches a decision or takes an action. It is not, however, required that documents be prepared by subordinates to be exempt. Exemption of Personal Information: RCW 42.56.230(3). The contents of an open, ongoing criminal investigation are generally exempt from production under a public records request because premature disclosure could jeopardize the investigation. Also exempt are: documents prepared for considering the selection of a site when public knowledge would cause a likelihood of increased price, and documents prepared for considering the minimum price for sale or lease of real estate when public knowledge would cause a likelihood of decreased price, unless disclosure is mandated under another statute, or certain other actions with respect to the property have occurred. If any agency holds these records, it can only respond that the records are confidential and the agency can not reveal the existence of any records. The law provides that public records are not confidential if they pertain to an incident in which police discharged a firearm at a person, an incident in which police use of force resulted in death or great bodily injury, an incident in which police committed sexual assault against a member of the public, or sustained findings of police dishonesty. Hearst Corp. v. Hoppe (1978); Progressive Animal Welfare Soc'y v. University of Wash. (1994) (“PAWS II”). Overlake Fund v. City of Bellevue (1991). The HCIA establishes standards and obligations for government entities that serve as health care providers, facilities or payors to protect records and to disclose as authorized. Information that does not identify the parties can be provided to others involved in the process. Doe v. Washington State Patrol (2016). Reports from autopsies or postmortems are confidential except to personal representatives, family members, attending physicians, and others involved in investigations. White v. City of Lakewood (2016). of time, along with an estimate of the date that the records will be available. This section provides information on public records exemptions found in the Public Records Law, ORS 192.311 to 192.478, including the conditional exemptions found in ORS 192.345, the exemptions found in ORS 192.355, and the other miscellaneous exemptions. However, while records of allegations involving “purely a personnel matter” would not be subject to the investigative exemption in RCW 42.56.240(1), allegations against police officials that go further in claiming malfeasance or violations of law qualify as investigative records under this exemption. For family members or guardians of these children, their personal information is exempt if they have the same last name as the child or if they live at the same address and the disclosure would reveal exempt personal information of the child. "Specific . State v. Maxwell (1990). The purpose of this exemption limits its scope. RCW 50.13.050. Additionally, the subject of the records can inspect and review the records and can obtain a copy of personal nonconviction data if the criminal justice agency has verified the person’s identity. RCW 50.13.060. Doe v. Washington State Patrol (2016). Public records requests for these recordings must: Requesters must pay for the costs of redacting or obscuring the recording as needed to apply exemptions, with exceptions for persons involved in the incident, their attorneys, or where the recording is relevant to a criminal case or claim of denial of civil rights or if the request is made by certain Washington state commissions. 74-113 access to records about a person by a person. While the exemption may be able to be claimed under some circumstances, the Court found the agency could not rely on a categorical exemption for records of civil law enforcement activities such as safety violations under RCW 42.56.240(1). For public employees, volunteers, and individual home health care workers, this section exempts their home addresses and telephone numbers, personal cell phone numbers and email addresses, social security and driver’s licenses or state identicard numbers, and emergency contact information. Real Estate Appraisals and Certain Other Real Estate Lease or Purchase Records: RCW 42.56.260. Claim files of workers are exempt by RCW 51.28.070. Concealed pistol licenses: RCW 42.56.240(4), b. Statewide, local or regional gang database: RCW 42.56.240(6), c. Electronic sales tracking system for ephedrine and related products: RCW 42.56.240(7), d. Security alarm system and vacation crime watch program participants: RCW 42.56.240(9), e. Felony firearm conviction database: RCW 42.56.240(10), f. Security threat group information at DOC: RCW 42.56.240(12), g. Global positioning data showing location of residence of criminal justice agency employees and workers: RCW 42.56.240(13), h. Data and records in the statewide sexual assault kit tracking system:RCW 42.56.240(15), E. Certain Business-Related Information is Exempt, 1. RCW 74.04.060(4). RCW 74.04.060(3). The exemption includes records in files for current and former employees, whether held by an employing agency or other agency, such as a retirement system. , The changes were added to the 2013 budget as rider bills AB 76 and SB 71, the former of which was vetoed by Jerry Brown. (8) Identifying information of users of driver’s licenses or identicards including radio frequency identification chip or similar technology for border crossing (“enhanced” licenses). (1996) for a discussion of this issue. State v. Maxfield (1994). RCW 13.50.260(6). RCW 26.33.340. 2. RCW 42.56.360(1) contains numerous exemptions affecting health care providers and data collected by the Department of Health. Voluntary production of information about power consumption does not violate the statute. Servais v. Port of Bellingham (1995). Research data, which is not limited to scientific or technical information, means facts and information collected for a specific purpose and derived from close study or from scholarly or scientific investigation or inquiry. 81 (2015) (privacy right under PRA depends upon the types of facts disclosed and is not amenable to a bright-line rule). Information is made public on the Department of Revenue website and otherwise, identifying information not associated with protected information consisting of the name of licensee, entity type, trade name, business and mailing address, unified business identifier and list of license held with dates of opening, issuance and expiration dates. For health care providers involved in workers compensation cases, records of audits are exempt under RCW 51.36.110 and their proprietary information is exempt under RCW 51.36.120. RCW 70.02.230-.260. Bainbridge Island Police Guild v. City of Puyallup (2011). This statute provides that the PRA must not be construed to allow any other copying of nonconviction data. (c) Records created for or collected and maintained by a hospital quality improvement, or peer review or quality improvement committee and reports of adverse health events.See the referenced statutes for more information on what is exempt and the opinions in. If an applicant is hired, some agencies do not consider this exemption to apply to that applicant’s records. Adults adopted after October 1, 1993, can receive noncertified copies of their original birth certificates unless the birth parents have filed an affidavit of nondisclosure or a contact preference form. The exemption applies only to documents that are part of the deliberative or policy-making process; records about implementing policy are not covered. 74-114 access to air quality, water quality and hazardous waste records — protection of trade secrets. Progressive Animal Welfare Soc’y v. UW (1994) (PAWS II). Such access permits checks against the arbitrary exercise of official power and secrecy in the political process.. Code § 6254(f)) Admissions records (5) Business and industrial development corporations, (7) Department of Labor and Industries medical aid contractors. 3. These documents include identifiable descriptions and records of arrests, detentions, indictments, and criminal charges, and any dispositions, including sentences, correctional supervision, and release. Thus, unless disclosure of the records would reveal or expose the deliberative process, as distinct from the facts used to make a decision, the exemption does not apply. (1980), a patient was allowed copies of her own medical records. This exemption protects personal and financial information about borrowers held in the Department of Financial Institutions database that licensed lenders consult to determine if they are eligible to receive a small loan. Adoption records are confidential. (e) Records of a provider obtained in an action under the impaired physician program. On November 2, 2004, California voters overwhelmingly approved Proposition 59. D. Several Exemptions Relate to Law Enforcement Information, 1. Ctr. The HCIA mirrors in many aspects the federal HIPAA Privacy Rule, 45 C.FR. Office of financial Management for Population Estimates: RCW 42.56.270 ( 2 and... Lindberg v. Kitsap Cy, information is exempt from public inspection and by!, exemption, in Oliver v. Harborview Med '' may be disclosed for purposes related to the requester for... Rcw 42.56.615, 11 identify the parties can be `` permissive rather than mandatory. 27 v. Hollister ( )... & Prof. Code § 6086.1 ( b ) ; Belenski v. Jefferson County ( 1997 ) ; cowles Publ g! Sexual assault programs are exempt under this section and the agency can disclose! 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2020 public records act exemptions