Chapter §8.1 Introduction

• Jurisdiction: Washington

§8.1 INTRODUCTION

Under the Public Records Act, Chapter 42.56 RCW, "[t]here is no general 'privacy' exemption." WAC 44-14-06002(2) (attorney general's Public Records Act Model Rules). Instead of a stand-alone privacy exemption, the PRA incorporates "privacy," as defined in RCW 42.56.050, as one of the elements of three specific exemptions: RCW 42.56.230(3), RCW 42.56.230(4), and RCW 42.56.240(1).

In addition, several other exemptions apply to "personal information" held by an agency. See, e.g., RCW 42.56.230(1)-(3). This "personal information" element differs from "privacy" as defined in the PRA. "Personal information" is information that is '"peculiar or proper to private concerns.'" Lindeman v. Kelso School Dist. No. 458, 162 Wn.2d 196, 202, 172 P.3d 329 (2007) (quoting Webster's Third New International Dictionary 1686 (2002)). These "personal information" exemptions—which apply to such information as is maintained in files for public employees, public school students, public institution residents, and certain other clients of the states—are discussed in Chapter 10 (Personnel Records of Public Employees) and 12(Various Government Service Exemptions (Juvenile, Family Law, Public Assistance and Benefits, Vehicles) of this deskbook.

"Privacy" is also relevant to determining whether and to what extent public records containing exempt material must be released in part, with only the exempt information redacted. Pursuant to RCW 42.56.210(1), the PRA's exemptions "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." The Supreme Court observed that "[t]he PRA's exemptions are provided solely to protect relevant privacy rights or vital government interests that sometimes outweigh the PRA's broad policy in favor of disclosing public records." Resident Action Council v. Seattle Hous. Auth. (RAC), 177 Wn.2d 417, 432, 300 P.3d 376 (2013), republished as amended, 327 P.3d 600 (2014).

This chapter will focus on the test for privacy and the key decisions interpreting that term.

Comment: Redactions of exempt material. RCW 42.56.210(1) states that "the exemptions of this chapter [42.56] 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." See also Hearst Corp. v. Hoppe, 90 Wn.2d 123,

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