Washington

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Washington’s public records law, while good on paper, may lack the same ambience in practice. Several Washington reporters have struggled with continuing privacy issues and strictly defined laws or law exemptions. A 2001 records audit showed that general compliance with the law was a "sometime thing."

Reporters Tom Boyer and Justin Mayo of The Seattle Times said privacy concerns are increasingly becoming a reason to deny records. Although Mayo routinely received county and state payroll information, including birth dates, both have recently denied the request, claiming that birthdates are considered "private" information.

The Washington Department of Licensing and the court system, not covered by statute, have also been hurdles to accessing information. The reporters say improvements have been made in electronic records access after working with the courts for two years, but Seattle Municipal Court repeatedly denies access and the licensing department very strictly interprets the Driver Privacy Act.
"The biggest problem I see is that many mid-level bureaucrats don’t know the law and make decisions arbitrarily," Mayo said. "We usually win the appeal, but it takes time and money to fight these battles."

The law. The Public Disclosure Act governs inspection and copying of public records and applies to all state and local agencies. Wash. Rev. Code §§ 42.17.250 - .341. The definition of records provided by statute includes electronic records, specifically "discs … diskettes … including data compilations from which information may be obtained or translated." § 42.17.020(42).

Agencies must keep a public records index and provide it upon request, and furnish records or deny the request within five business days or approximate when the records will be available. §§ 42.17.260, .320. When an entire database is requested, the agency may redact exempt information from the database.

The PDA lists 56 types of documents that records custodians are not required to disclose, but may per their discretion, according to a 2003 report by the Washington Coalition for Open Government.

Cases & opinions. Agencies do not have to explain documents or create new records. Smith v. Okanogan County. 100 Wn. App. 7, 12-14 (Wash. 2000). An agency may not deny access to records because a requester has other means of obtaining the record. Limstron v. Ladenburg 136 Wn.2d 595, 615 (Wash. 1998). The purpose of a request, besides use of records of commercial purposes, is irrelevant when filling a request. Dawson v. Daly, 120 Wn.2d 782, 845 P. 2d 995 (Wash. 1993).

In the state attorney general’s Open Meetings & Open Records Deskbook, updated in April 1998, the following interpretations of statutes are provided: If a computer program can produce a record with "little or no change to the agency’s method of producing data," it is not considered a "new" record. Also, examination of computer records "appears to imply" viewing records on a terminal or requesting hard copies. Deskbook 3.1(c).

Fees. Inspection of records in agency offices is free and copy fees must not exceed $0.15 per page. While the agency may charge for providing copies including paper costs, use of copying equipment, staff time for the copying and mailing of records, the agency may not charge for the locating of the records. Wash. Rev. Code § 42.17.260.

Agencies tend to overstate costs of copying electronic records, the WCOG report said. It also noted that some agencies provide a certain number copies at no charge, while others allow use of a copier in the office and requesters may also ask that the fees be waived altogether.
"Many are cooperative and some are nightmares," Boyer said. Smaller jurisdictions and state agencies tend to be more "open-records-minded," while King County and Seattle are more difficult to deal with, he said.

Software. "Information regarding the infrastructure and security of computer and telecommunications networks … [and] access codes for secure software programs," are exempt from disclosure. Wash. Rev. Code § 42.17.310(ddd).

Special cases. Vital Records: Certified copies of vital statistics "may" be furnished by the state registrar. There is an $8 search fee and an $11 charge for certified copies of "records for research, statistical, or administrative purposes," according to the report.

Resources. Washington Coalition for Open Government