WSR 97-17-009

PERMANENT RULES

DEPARTMENT OF LICENSING

[Filed August 7, 1997, 1:19 p.m., effective September 13, 1997]

Date of Adoption: August 7, 1997.

Purpose: Incorporates provisions of the federal Driver's Privacy Protection Act of 1994 in the agency's rule regarding exemptions to the public disclosure provisions of chapter 42.17 RCW and clarifies language.

Citation of Existing Rules Affected by this Order: Amending WAC 308-10-050.

Statutory Authority for Adoption: RCW 46.01.110.

Adopted under notice filed as WSR 97-14-103 on July 2, 1997.

Changes Other than Editing from Proposed to Adopted Version: Only changes were editing for clarity.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 1, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: September 13, 1997.

August 7, 1997

Evelyn P. Yenson

Director

AMENDATORY SECTION (Amending WSR 92-09-107, filed 4/20/92)

WAC 308-10-050 Exemptions. (1) The department ((reserves the right to)) may determine that a public record requested is exempt under the provisions of RCW 42.17.310 or other law.

(2) ((In addition, pursuant to)) Under RCW 42.17.260, the department ((reserves the right to)) may delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. ((The department shall identify and explain in writing any deletion of information from any public record.))

(3) The department will not release personal information, as defined in 18 USC 2725(3), from records pertaining to motor vehicle operator's licenses and permits, motor vehicle titles, motor vehicle registrations, and identification cards, unless the release both is considered a permissible use under 18 USC 2721 and is otherwise permitted by state law. In construing 18 USC 2721 (b)(2), the release of personal information for use in connection with matters of motor vehicle safety or driver safety shall be deemed to include the physical safety of persons as drivers, passengers or pedestrians and their motor vehicles or property.

(4) All denials of requests for public records ((must)) will be accompanied by a written statement specifying the reason for the deletion or denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.