H-1742.1  _______________________________________________

                          HOUSE BILL 1891

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Dyer, Wolfe and Butler

Read first time 02/12/97.  Referred to Committee on Government Administration.

Providing parameters for the distribution of an individual's private information by a state agency in an electronic format for commercial purposes.

    AN ACT Relating to the commercial and business uses of government records in electronic form; amending RCW 42.17.020, 42.17.255, and 43.105.310; reenacting and amending RCW 42.17.260, 42.17.300, and 42.17.310; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature recognizes that the constant evolution of technology presents a challenge for state agencies responsible for maintaining and releasing public records.  Digital technologies create a fundamental change in the nature of records themselves, serving to expand the market for information, and increase the demand for government records in electronic format for a wide range of commercial purposes.  Some of the most valuable records include personally identifiable information about citizens, such as names, addresses, and social security numbers.  Commercial use of personally identifiable information contained in electronic public records raises new concerns about citizens' privacy in an electronic era.  It is the intent of the legislature to protect citizens' privacy by delineating between legitimate business use of government records and inappropriate commercial use and providing disincentives against inappropriate commercial use.  It is also the legislature's intent to allow agencies to recover a reasonable share of the costs of providing enhanced electronic access to government records by commercial entities.  Furthermore, the legislature seeks to encourage public-private sector cooperation in ways that further the public mission of the state and to maintain and enhance public access to public information for the purpose of encouraging and facilitating desirable social and economic benefits.

    Sec. 2.  RCW 42.17.020 and 1995 c 397 s 1 are each amended to read as follows:

    (1) "Agency" includes all state agencies and all local agencies.  "State agency" includes every state office, department, division, bureau, board, commission, or other state agency.  "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.

    (2) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.

    (3) "Ballot proposition" means any "measure" as defined by RCW 29.01.110, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency prior to its circulation for signatures.

    (4) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.

    (5) "Bona fide political party" means:

    (a) An organization that has filed a valid certificate of nomination with the secretary of state under chapter 29.24 RCW;

    (b) The governing body of the state organization of a major political party, as defined in RCW 29.01.090, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or

    (c) The county central committee or legislative district committee of a major political party.  There may be only one legislative district committee for each party in each legislative district.

    (6) "Business use" or "business purpose" means a use of government-held information, including, but not limited to personally identifiable information, authorized by the legislature, that is required to meet regulatory requirements, conduct business in a safe and legal manner, or to validate information provided by one party, and shall not result in an unsolicited commercial contact to persons identified in government records.

(7) "Depository" means a bank designated by a candidate or political committee pursuant to RCW 42.17.050.

    (((7))) (8) "Treasurer" and "deputy treasurer" mean the individuals appointed by a candidate or political committee, pursuant to RCW 42.17.050, to perform the duties specified in that section.

    (((8))) (9) "Candidate" means any individual who seeks nomination for election or election to public office.  An individual seeks nomination or election when he or she first:

    (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;

    (b) Announces publicly or files for office;

    (c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or

    (d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.

    (((9))) (10) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.

    (((10))) (11) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.

    (((11))) (12) "Commercial use" means the use of personally identifiable information, without the individual's prior consent, for an unsolicited contact with that individual for profit-expecting purposes, or to maintain that information in its original or modified form in anticipation of sharing the information with a third party for a fee or other consideration unless otherwise specified by law.

(13) "Commission" means the agency established under RCW 42.17.350.

    (((12))) (14) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind((:  PROVIDED, That)).  However, for the purpose of compliance with RCW 42.17.241, the term "compensation" shall not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.

    (((13))) (15) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.

    (((14))) (16)(a) "Contribution" includes:

    (i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;

    (ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, or their agents;

    (iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising prepared by a candidate, a political committee, or its authorized agent;

    (iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.

    (b) "Contribution" does not include:

    (i) Standard interest on money deposited in a political committee's account;

    (ii) Ordinary home hospitality;

    (iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;

    (iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;

    (v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;

    (vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker.  "Volunteer services," for the purposes of this section, means services or labor for which the individual is not compensated by any person;

    (vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person.  However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;

    (viii) Legal or accounting services rendered to or on behalf of:

    (A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or

    (B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws.

    (c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution.  Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution.  Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.

    (((15))) (17) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.

    (((16))) (18) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters:  PROVIDED, That an election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.

    (((17))) (19) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.

    (((18))) (20) "Election cycle" means the period beginning on the first day of December after the date of the last previous general election for the office that the candidate seeks and ending on November 30th after the next election for the office.  In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on November 30th after the special election.

    (((19))) (21) "Enhanced electronic access" means the electronic delivery of public records in a format or through electronic delivery systems provided at the request and for the convenience of the party seeking the records, but which are not developed or maintained by an agency for its internal use or for the provision of general public access to public records.

(22) "Expenditure" includes a payment, contribution, subscription, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.  The term "expenditure" also includes a promise to pay, a payment, or a transfer of anything of value in exchange for goods, services, property, facilities, or anything of value for the purpose of assisting, benefiting, or honoring any public official or candidate, or assisting in furthering or opposing any election campaign.  For the purposes of this chapter, agreements to make expenditures, contracts, and promises to pay may be reported as estimated obligations until actual payment is made.  The term "expenditure" shall not include the partial or complete repayment by a candidate or political committee of the principal of a loan, the receipt of which loan has been properly reported.

    (((20))) (23) "Final report" means the report described as a final report in RCW 42.17.080(2).

    (((21))) (24) "General election" means the election that results in the election of a person to a state office.  It does not include a primary.

    (((22))) (25) "Gift," is as defined in RCW 42.52.010.

    (((23))) (26) "Immediate family" includes the spouse, dependent children, and other dependent relatives, if living in the household.  For the purposes of RCW 42.17.640 through 42.17.790, "immediate family" means an individual's spouse, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse and the spouse of any such person.

    (((24))) (27) "Independent expenditure" means an expenditure that has each of the following elements:

    (a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;

    (b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and

    (c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of five hundred dollars or more.  A series of expenditures, each of which is under five hundred dollars, constitutes one independent expenditure if their cumulative value is five hundred dollars or more.

    (((25))) (28)(a) "Intermediary" means an individual who transmits a contribution to a candidate or committee from another person unless the contribution is from the individual's employer, immediate family as defined for purposes of RCW 42.17.640 through 42.17.790, or an association to which the individual belongs.

    (b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.

    (c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.

    (d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.

    (((26))) (29) "Legislation" means bills, resolutions, motions, amendments, nominations, and other matters pending or proposed in either house of the state legislature, and includes any other matter that may be the subject of action by either house or any committee of the legislature and all bills and resolutions that, having passed both houses, are pending approval by the governor.

    (((27))) (30) "Lobby" and "lobbying" each mean attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency under the state Administrative Procedure Act, chapter 34.05 RCW.  Neither "lobby" nor "lobbying" includes an association's or other organization's act of communicating with the members of that association or organization.

    (((28))) (31) "Lobbyist" includes any person who lobbies either in his or her own or another's behalf.

    (((29))) (32) "Lobbyist's employer" means the person or persons by whom a lobbyist is employed and all persons by whom he or she is compensated for acting as a lobbyist.

    (((30))) (33) "Person" includes an individual, partnership, joint venture, public or private corporation, association, federal, state, or local governmental entity or agency however constituted, candidate, committee, political committee, political party, executive committee thereof, or any other organization or group of persons, however organized.

    (((31))) (34) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, the term "person in interest" means and includes the parent or duly appointed legal representative.

    (((32))) (35) "Personally identifiable information" means information disclosed by an individual as a prerequisite to the receipt of a license, approval, award, product, or service from a governmental organization that the individual would not otherwise disclose to a third party.  Such information may include, but is not limited to, the name, address, telephone number, social security number, financial, medical, biometric, or disability information, photographs or fingerprints or computerized images thereof, and other records that a person would not otherwise disclose to the general public.

(36) "Political advertising" includes any advertising displays, newspaper ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio or television presentations, or other means of mass communication, used for the purpose of appealing, directly or indirectly, for votes or for financial or other support in any election campaign.

    (((33))) (37) "Political committee" means any person (except a candidate or an individual dealing with his or her own funds or property) having the expectation of receiving contributions or making expenditures in support of, or opposition to, any candidate or any ballot proposition.

    (((34))) (38) "Primary" means the procedure for nominating a candidate to state office under chapter 29.18 or 29.21 RCW or any other primary for an election that uses, in large measure, the procedures established in chapter 29.18 or 29.21 RCW.

    (((35))) (39) "Public office" means any federal, state, county, city, town, school district, port district, special district, or other state political subdivision elective office.

    (((36))) (40) "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.  For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following:  All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives.

    (((37))) (41) "Recall campaign" means the period of time beginning on the date of the filing of recall charges under RCW 29.82.015 and ending thirty days after the recall election.

    (((38))) (42) "State legislative office" means the office of a member of the state house of representatives or the office of a member of the state senate.

    (((39))) (43) "State office" means state legislative office or the office of governor, lieutenant governor, secretary of state, attorney general, commissioner of public lands, insurance commissioner, superintendent of public instruction, state auditor, or state treasurer.

    (((40))) (44) "State official" means a person who holds a state office.

    (((41))) (45) "Surplus funds" mean, in the case of a political committee or candidate, the balance of contributions that remain in the possession or control of that committee or candidate subsequent to the election for which the contributions were received, and that are in excess of the amount necessary to pay remaining debts incurred by the committee or candidate prior to that election.  In the case of a continuing political committee, "surplus funds" mean those contributions remaining in the possession or control of the committee that are in excess of the amount necessary to pay all remaining debts when it makes its final report under RCW 42.17.065.

    (((42))) (46) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

    As used in this chapter, the singular shall take the plural and any gender, the other, as the context requires.

    Sec. 3.  RCW 42.17.255 and 1987 c 403 s 2 are each amended to read as follows:

(1) 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))) (a) Would be highly offensive to a reasonable person, and (((2))) (b) 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.

(2) Information submitted to a government agency by a person shall be used by that agency for the purpose for which it was submitted.  However, the information may be disclosed to any other government agency, including any court or law enforcement agency, in carrying out its functions, or to any authorized agent acting on behalf of a state, federal, or local agency in carrying out its functions.  Further, the information may be disclosed for business use and for any activity otherwise provided by law.

    Sec. 4.  RCW 42.17.260 and 1995 c 397 s 11 and 1995 c 341 s 1 are each reenacted and amended to read as follows:

    (1) Each agency, in accordance with published rules, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of subsection (6) of this section, RCW 42.17.310, 42.17.315, or other statute which exempts or prohibits disclosure of specific information or records.  To the extent required to prevent an unreasonable invasion of personal privacy interests protected by RCW 42.17.310 and 42.17.315, an agency shall delete identifying details in a manner consistent with RCW 42.17.310 and 42.17.315 when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing.

    (2) For informational purposes, each agency shall publish and maintain a current list containing every law, other than those listed in this chapter, that the agency believes exempts or prohibits disclosure of specific information or records of the agency.  An agency's failure to list an exemption shall not affect the efficacy of any exemption.

    (3) Each local agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973:

    (a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

    (b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency;

    (c) Administrative staff manuals and instructions to staff that affect a member of the public;

    (d) Planning policies and goals, and interim and final planning decisions;

    (e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and

    (f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

    (4) A local agency need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event:

    (a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and

    (b) Make available for public inspection and copying all indexes maintained for agency use.

    (5) Each state agency shall, by rule, establish and implement a system of indexing for the identification and location of the following records:

    (a) All records issued before July 1, 1990, for which the agency has maintained an index;

    (b) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010(1) and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;

    (c) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;

    (d) Interpretive statements as defined in RCW 34.05.010(8) that were entered after June 30, 1990; and

    (e) Policy statements as defined in RCW 34.05.010(14) that were entered after June 30, 1990.

    Rules establishing systems of indexing shall include, but not be limited to, requirements for the form and content of the index, its location and availability to the public, and the schedule for revising or updating the index.  State agencies that have maintained indexes for records issued before July 1, 1990, shall continue to make such indexes available for public inspection and copying.  Information in such indexes may be incorporated into indexes prepared pursuant to this subsection.  State agencies may satisfy the requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations.  State agencies shall make indexes available for public inspection and copying.  State agencies may charge a fee to cover the actual costs of providing individual mailed copies of indexes.

    (6) A public record may be relied on, used, or cited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any other purpose only if((C)):

    (a) It has been indexed in an index available to the public; or

    (b) Parties affected have timely notice (actual or constructive) of the terms thereof.

    (7) Each agency shall establish, maintain, and make available for public inspection and copying a statement of the actual per page cost or other costs, if any, that it charges for providing photocopies of public records and a statement of the factors and manner used to determine the actual per page cost or other costs, if any.

    (a) In determining the actual per page cost for providing photocopies of public records, an agency may include all costs directly incident to copying such public records including the actual cost of the paper and the per page cost for use of agency copying equipment.  In determining other actual costs for providing photocopies of public records, an agency may include all costs directly incident to shipping such public records, including the cost of postage or delivery charges and the cost of any container or envelope used.

    (b) In determining the actual per page cost or other costs for providing copies of public records, an agency may not include staff salaries, benefits, or other general administrative or overhead charges, unless those costs are directly related to the actual cost of copying the public records.  Staff time to copy and mail the requested public records may be included in an agency's costs.

    (8) An agency need not calculate the actual per page cost or other costs it charges for providing photocopies of public records if to do so would be unduly burdensome, but in that event:  The agency may not charge in excess of fifteen cents per page for photocopies of public records or for the use of agency equipment to photocopy public records and the actual postage or delivery charge and the cost of any container or envelope used to mail the public records to the requestor.

    (9) 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)) personally identifiable information requested for commercial ((purposes)) use as defined in this chapter, 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.  Further, news gathering is not a business use for the purposes of this chapter.  Provisions concerning business use in this chapter in no way hamper or complicate access by the public or media to public records otherwise available for inspection and disclosure.

    Sec. 5.  RCW 42.17.300 and 1995 c 397 s 14 and 1995 c 341 s 2 are each reenacted and amended to read as follows:

(1) No fee shall be charged for the inspection of public records.  No fee shall be charged for locating public documents and making them available for copying.  A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment or equipment of the office of the secretary of the senate or the office of the chief clerk of the house of representatives to copy public records, which charges shall not exceed the amount necessary to reimburse the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives for its actual costs directly incident to such copying.  Agency charges for photocopies shall be imposed in accordance with the actual per page cost or other costs established and published by the agency.  In no event may an agency charge a per page cost greater than the actual per page cost as established and published by the agency.  To the extent the agency has not determined the actual per page cost for photocopies of public records, the agency may not charge in excess of fifteen cents per page.

(2) An agency may provide information for business use, for which disclosure is permitted by law, in a particular form, number, or means of access as requested, and if the information is not otherwise maintained or accessible by the agency in that form, may establish rates by contract unless otherwise provided by law.  Agencies shall base fees on the recovery of the actual cost of providing enhanced electronic access for business purposes.  The revenue from enhanced electronic access for business use must be dedicated to the development, maintenance, and refurbishment of electronic information systems and the support or electronic public access systems.

(3) All state agencies, unless otherwise directed, specified, or prohibited by this chapter or other state statutes, shall allow otherwise appropriate access to public records for authorized business purposes only through means of a contractual agreement between the agency and the entity requesting the access, hereinafter referred to as the contractor.

(4) The agreements for access to public records for business purposes shall require, at a minimum, the following limitations, provided in this section as a general guide to be specifically crafted by each agency as necessary and appropriate for individual legal and contractual requirements:

(a) The contractor shall use the information provided by the agency only in connection with the use for which the information was initially sought by the contractor and approved by the agency;

(b) The contractor agrees to protect the confidentiality of the information to which access has been provided under the agreement;

(c) The contractor, or any employee or agent of the contractor, shall not furnish in any form, to any person, corporation, partnership, association, or organization, a copy of any information, in whole or in part, provided by the agency, without the express written consent of the agency for the specific provision of the information for a specific purpose;

(d) The contractor shall adhere to any current or subsequently amended statutory or administrative rules regulating privacy or confidentiality relating to the information provided by the agency;

(e) Any exceptions, revisions, or waivers to these limitations requested by the contractor must be approved in writing by the agency and received by the contractor prior to the requested use of the information which is otherwise limited;

(f) No name or address of any individual furnished by the agency to the contractor shall be published or otherwise disclosed by the contractor in any manner not otherwise approved by the agency;

(g) The contractor, or any officer, employee, or agent of the contractor, shall not furnish in any form, to any person, corporation, partnership, association, or organization, any of the individual's name, address, or otherwise identifying information provided by the agency under the agreement for the purpose of making unsolicited commercial contact with the individuals named or otherwise identified, unless specifically approved, in writing, by the agency;

(h) The contractor agrees that the agency may provide "control" or "salted" data as a portion of provided information as a means to ensure that any personally identifiable information is utilized only for the specific purposes allowed under the terms of the agreement;

(i) The contractor shall not gain any proprietary right to or interest in any information provided by the agency and shall not assign their interest in the agreement or any portion thereof to any person, corporation, partnership, association, or organization of any kind;

(j) The contractor accepts full responsibility and liability for any violations of the agreement by the contractor or any officer, employee, or agent of the contractor and any such violation shall result in immediate termination by the agency of all information provision to the contractor or any officer, employee, or agent of the contractor in any form and immediate forfeiture to the agency of any agency provided information, in any form, held by the contractor or any officer, employee, or agent of the contractor; and

(k) The agency reserves additional unrestricted financial remedies, on a per-record basis, for any violation of the agreement by the contractor or any officer, employee, or agent of the contractor, in addition to any penalty allowed under state law.

    Sec. 6.  RCW 42.17.310 and 1996 c 305 s 2, 1996 c 253 s 302, 1996 c 191 s 88, and 1996 c 80 s 1 are each reenacted and amended to read as follows:

    (1) The following are exempt from public inspection and copying:

    (a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

    (b) 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.

    (c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

    (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

    (e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property.  If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern.  However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

    (f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

    (g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

    (h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

    (i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

    (j) Records which 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.

    (k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

    (l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

    (m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

    (n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

    (o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

    (p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

    (q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

    (r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

    (s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

    (t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

    (u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.

    (v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.

    (w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number.  On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

    (x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

    (y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

    (z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

    (aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

    (bb) Financial and valuable trade information under RCW 51.36.120.

    (cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

    (dd) Information that identifies a person who, while an agency employee:  (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

    (ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

    (ff) Business related information protected from public inspection and copying under RCW 15.86.110.

    (gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

    (hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.

    (ii) Personal information in files maintained in a data base created under RCW 43.07.360.

(jj) Computer programs and software developed by agencies alone or in partnership with other public and private entities.  For the purposes of this chapter, software is the programming source codes or object codes developed by an agency or developed by a private contractor for an agency.  However, information contained in or accessible through those software programs that is disclosable under state law is not exempt from disclosure under this chapter.

    (2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought.  No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

    (3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

    (4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

    Sec. 7.  RCW 43.105.310 and 1996 c 171 s 15 are each amended to read as follows:

(1) State agencies and local governments that collect and enter information concerning individuals into electronic records and information systems that will be widely accessible by the public under RCW 42.17.020 shall ensure the accuracy of this information to the extent possible.  To the extent possible, information must be collected directly from, and with the consent of, the individual who is the subject of the data.  Agencies shall establish procedures for correcting inaccurate information, including establishing mechanisms for individuals to review information about themselves and recommend changes in information they believe to be inaccurate.  The inclusion of personal information in electronic public records that is widely available to the public should include information on the date when the data base was created or most recently updated.  If personally identifiable information is included in electronic public records that are made widely available to the public, agencies must follow retention and archival schedules in accordance with chapter 40.14 RCW, retaining personally identifiable information only as long as needed to carry out the purpose for which it was collected.

(2) State agencies and local governments that collect personally identifiable information that is subject to disclosure under chapter 42.17 RCW or other law shall, to the extent practicable, post or publish public notice that the information gathered may be disclosable as a public record.  The agency-specific public notice will reflect the common uses of such records.  Upon request, state agencies and local governments shall provide a written statement regarding the circumstances under which specific personally identifiable information may be disclosed to the public or for business purposes.  The state must also identify the procedure established by the state agency or local government for reviewing personally identifiable information, as specified in subsection (1) of this section.

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