FINAL BILL REPORT

SHB 4

                                  C 403 L 87

BYHouse Committee on Constitution, Elections & Ethics (originally sponsored by Representatives Fisher, Madsen, Barnes and Wang; by request of Attorney General)

Revising provisions governing the release of public records.

House Committe on Constitution, Elections & Ethics

Senate Committee on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Certain information and records are exempted from public inspection and copying.

In a 1978 decision, the Washington State Supreme Court observed that public disclosure law establishes a positive duty for a public agency to disclose public records unless they fall within the specific exemptions.  However, in a 1986 decision, the court recognized a privacy interest in any information matched to a particular individual's name and revealing a unique fact about the individual. The court promulgated a new rule for determining whether such data must be exempted from disclosure.  The rule requires that the personal privacy interest in the information be weighed against the public interest that would be served by disclosure.

In the 1986 decision, the court also addressed the ability of law enforcement officials to examine records maintained by a public utility district where the information sought is matched to a particular person's name, such as records of an individual's electrical usage.  The court stated that governmental authorities should articulate a specific suspicion of particular illegal conduct when seeking the disclosure from an agency of information matched to a specific individual.

SUMMARY:

Each agency must make available for public inspection and copying all public records unless the record falls within the specific exemptions which provide otherwise.  The burden of proof is on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute exempting or prohibiting disclosure of the information or records.  Agencies must not distinguish among persons requesting records, and such a person cannot be required to provide information as to the purpose for the request unless required by law.

A right of privacy or personal privacy is invaded or violated for the purposes of the public disclosure laws only if disclosure of information about the person would be highly offensive to a reasonable person and is not of legitimate concern to the public.  The public disclosure laws do not create any right of privacy beyond those rights specified as exemptions from the public's right of access to public records.

A law enforcement authority may not request the records of any person which belong to a public utility district or a municipally owned electrical utility unless the authority provides the district or utility with a written statement that:  (1) it suspects that the person has committed a crime; and (2) the authority has a reasonable belief that the records could help determine whether the suspicion is true.  Information obtained in violation of this rule is inadmissable in any criminal proceeding.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    49     0(Senate amended)

      House 98   0(House concurred)

EFFECTIVE:July 26, 1987