Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
State Government Committee |
SB 5482
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Addressing the disclosure of global positioning system data by law enforcement officers.
Sponsors: Senators Roach and Liias.
Brief Summary of Bill |
|
Hearing Date: 3/18/15
Staff: Sean Flynn (786-7124).
Background:
The Public Records Act (PRA) requires state and local agencies to make their written records available to the public for inspection and copying upon request, unless the information fits into one of the various specific exemptions. The stated policy of the PRA favors disclosure and requires narrow application of the listed exemptions.
Personal information maintained in public agency files for employees, appointees, or elected officials is exempt from disclosure to the extent necessary to protect such person's right to privacy. The right to privacy under the PRA is violated only if disclosure would be highly offensive to the reasonable person, and is not of legitimate public concern.
Another exemption applies to certain employment and licensing information, including personal information of public agency employees in personnel or employment records, or volunteer rosters. The employee or volunteer personal information includes: residential addresses; telephone numbers; cellular phone numbers; electronic mail addresses; social security numbers; driver's license and Identicard numbers; emergency contact information; and similar personal information of an employee's and volunteer's dependents. Photographs and birthdates in personnel files of criminal justice agency workers are also exempt from disclosure, except to the news media.
Certain personal information related to investigative and law enforcement records also is exempt from disclosure, including the identity of a state employee or officer who reports in good faith on improper governmental action to a public official. Another exemption provides for the protection of investigative records related to professional disciplinary investigation in order to promote effective law enforcement or personal privacy interests.
Summary of Bill:
The Global Positioning System data is exempt from public disclosure if it would indicate the residential location of an employee or worker of a criminal justice agency, including a court, or agency involved in the administration of activities related to criminal offenders or accused persons.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.