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Agency Party to Controversy
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RCW 42.56.290
Records that are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts are exempt from disclosure under this chapter.
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Attorney-Client Privileged Information
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RCW 5.60.060(2)(a)
An attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment.
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Bank or other Financial Information (Personal Information)
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RCW 42.56.230(5)
The following personal information is exempt from public inspection and copying under this chapter:
(5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial information as defined in RCW 9.35.005 including social security numbers, except when disclosure is expressly required by or governed by other law.
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Bid Submissions and Bid Evaluations
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RCW 39.26.030(2)
Bid submissions and bid evaluations are exempt from disclosure until the agency announces the apparent successful bidder.
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Client (Veteran or Family Member) Medical Information
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HIPAA / 45 C.F.R. 160, 162, 164
RCW 42.56.360(2)
(2) Chapter 70.02 RCW applies to public inspection and copying of health care information of patients.
RCW 70.02.020(1)
(1) Except as authorized elsewhere in this chapter, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent and employee of a health care provider may not disclose health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.
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Client (Veteran or Family Member) Personal Information
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RCW 42.56.230(1)
(1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
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Copyright Infringement
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17 U.S.C, Chapter 5, § 504
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Criminal Terrorist Acts – Unique Vulnerability Assessments or Response and Deployment Plans
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RCW 42.56.420(1)
The following information relating to security is exempt from disclosure under this chapter:
(1) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of:
(a) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and
(b) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism.
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DD214
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RCW 42.56.440 Veterans Discharge Papers
RCW 43.60A.290 Discharge and separation documents—Confidential.
(1) For the protection of applicants and clients, the department and its respective officers and employees are prohibited, except as provided in subsection (2) of this section, from disclosing veteran discharge or separation documents, such as DD Form 214 or NGB Form 22. Such records shall be confidential and not subject to disclosure except as provided in subsection (2) of this section.
(2) The provisions of this section do not apply to:
(a) A veteran requesting the veteran's own discharge or separation documents;
(b) A veteran's next of kin;
(c) A deceased veteran's properly appointed personal representative or executor;
(d) A person holding a veteran's general power of attorney;
(e) Duly designated representatives of accredited veterans service organizations; or
(f) Sharing agreements among other government entities.
(3) For purposes of this section, "next of kin" means any of the following: An unremarried widow or widower, son, daughter, father, mother, brother, or sister of a deceased veteran.
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Deliberative Process/Draft Documents Not Final
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RCW 42.56.280
Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended are exempt under this chapter, except that a specific record is not exempt when publicly cited by an agency in connection with any agency action.
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Employee, Personal Demographics
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RCW 42.56.250(11)
The following employment and licensing information is exempt from public inspection and copying under this chapter:
(11) Voluntarily submitted information collected and maintained by a state agency or higher education institution that identifies an individual state employee's personal demographic details. "Personal demographic details" means race or ethnicity, sexual orientation as defined by *RCW 49.60.040(26), immigration status, national origin, or status as a person with a disability. This exemption does not prevent the release of state employee demographic information in a deidentified or aggregate format.
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Employee, Photographs and Month and Year of Birth
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RCW 42.56.250(8)
The following employment information is exempt from public inspection and copying under this chapter:
(8) Photographs and month and year of birth in the personnel files of employees or volunteers of a public agency, including employees and workers of criminal justice agencies as defined in RCW 10.97.030. The news media, as defined in RCW 5.68.010(5), shall have access to the photographs and full date of birth. For the purposes of this subsection, news media does not include any person or organization of persons in the custody of a criminal justice agency as defined in RCW 10.97.030;.
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Employment, Application for Public
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RCW 42.56.250(2)
The following employment and licensing information is exempt from public inspection and copying under this chapter:
(2) All applications for public employment other than for vacancies in elective office, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
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List of Individuals Requested for Commercial Purposes
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RCW 42.56.070 (8)
This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.05 RCW, the administrative procedure act.
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Network Security Records
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RCW 42.56.420(4)
The following information relating to security is exempt from disclosure under this chapter:
(4) Information regarding the public and private infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities, and other such information the release of which may increase risk to the confidentiality, integrity, or availability of security, information technology infrastructure, or assets.
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Personal Information on Public Agency Employees
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RCW 42.56.230(3)
The following personal information is exempt from public inspection and copying under this chapter:
(3) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
RCW 42.56.050
A person's "right to privacy," "right of privacy," "privacy," or "personal privacy," as these terms are used in this chapter, is invaded or violated only if disclosure of information about the person: (1) Would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public. The provisions of this chapter dealing with the right to privacy in certain public records do not create any right of privacy beyond those rights that are specified in this chapter as express exemptions from the public's right to inspect, examine, or copy public records.
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Personnel Investigations - Pending (Discrimination
or Harassment)
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RCW 42.56.250(6)
The following employment and licensing information is exempt from public inspection and copying under this chapter:
(6) Investigative records compiled by an employing agency in connection with an investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws or an employing agency's internal policies prohibiting discrimination or harassment in employment. Records are exempt in their entirety while the investigation is active and ongoing. After the agency has notified the complaining employee of the outcome of the investigation, the records may be disclosed only if the names of complainants, other accusers, and witnesses are redacted, unless a complainant, other accuser, or witness has consented to the disclosure of his or her name. The employing agency must inform a complainant, other accuser, or witness that his or her name will be redacted from the investigation records unless he or she consents to disclosure.
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Public Employee Residential and Personal
Information
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RCW 42.56.250(4)
(4) The following information held by any public agency in personnel records, public employment related records, volunteer rosters, or included in any mailing list of employees or volunteers of any public agency: Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, driver's license numbers, identicard numbers, payroll deductions including the amount and identification of the deduction, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. For purposes of this subsection, "employees" includes independent provider home care workers as defined in RCW 74.39A.240;
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Social Security Numbers
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RCW 42.56.230
The following personal information is exempt from public inspection and copying under this chapter:
(5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial information as defined in RCW 9.35.005 including social security numbers, except when disclosure is expressly required by or governed by other law.
RCW 42.56.250
The following employment and licensing information is exempt from public inspection and copying under this chapter:
(4) The following information held by any public agency in personnel records, public employment related records, volunteer rosters, or included in any mailing list of employees or volunteers of any public agency: Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, driver's license numbers, identicard numbers, payroll deductions including the amount and identification of the deduction, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. For purposes of this subsection, "employees" includes independent provider home care workers as defined in RCW 74.39A.240.
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State Veterans Home Resident Medical Information
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HIPAA / 45 C.F.R. 160, 162, 164
RCW 42.56.360(2)
(2) Chapter 70.02 RCW applies to public inspection and copying of health care information of patients.
RCW 70.02.020(1)
(1) Except as authorized elsewhere in this chapter, a health care provider, an individual who assists a health care provider in the delivery of health care, or an agent and employee of a health care provider may not disclose health care information about a patient to any other person without the patient's written authorization. A disclosure made under a patient's written authorization must conform to the authorization.
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State Veterans Home Resident Personal Information
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RCW 42.56.230(1)
(1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients;
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Test/Interview Questions and Answers
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RCW 42.56.250(1)
The following employment and licensing information is exempt from public inspection and copying under this chapter:
(1) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
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Trade Secret Information (General)
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RCW 42.56.270(1)
The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
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Whistleblower
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RCW 42.40.040(2)
Subject to subsection (5)(c) of this section, the identity or identifying characteristics of a whistleblower is confidential at all times unless the whistleblower consents to disclosure by written waiver or by acknowledging his or her identity in a claim against the state for retaliation. In addition, the identity or identifying characteristics of any person who in good faith provides information in an investigation under this section is confidential at all times, unless the person consents to disclosure by written waiver or by acknowledging his or her identity as a witness who provides information in an investigation.
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Workplace Sexual Harassment/Stalking
Investigations
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RCW 42.56.660(1)
Except by court order issued pursuant to subsection (3) of this section, an agency may not disclose as a response to a public records request made pursuant to this chapter records concerning an agency employee, as defined in subsection (5) of this section, if:
(a) The requestor is a person alleged in the claim of workplace sexual harassment or stalking to have harassed or stalked the agency employee who is named as the victim in the claim; and (b) After conducting an investigation, the agency issued discipline resulting from the claim of workplace sexual harassment or stalking to the requestor described under (a) of this subsection.
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