Summary

JurisdictionWashington

Chapter Details

Summary
§8.1 Introduction
§8.2 Specific Privacy Exemptions
§8.3 The Definition of Privacy-the Evolution of the Doctrine
(1) Highly Offensive to a Reasonable Person
(a) Promises of Confidentiality Do Not Create an Enforceable Privacy Interest Under the PRA
(b) "Privacy" Requires a Reasonable Expectation of Privacy
(c) Records Involving Public Employees
(d) Rejection of the "Linkage" Argument: King County v. Sheehan and Bainbridge Island Police Guild v. City of Puyallup
(2) "Legitimate Public Concern": the Dawson Public Interest Test
(a) Legitimate Public Concern in Criminal Investigative Records
(b) Legitimate Public Concern in Records re Public Employees
(i) Information About Public Employees
(ii) Settlement Agreements
(iii) Other Decisions Instructive on the Issue of Privacy and the Public's Legitimate Interest
(c) Personal information of purely private citizens within agency records
§8.4 Relative Standing and Privacy Rights of the Dead
§8.5 Privacy and Other Statutes and Constitutional Rights
(1) Statutes
(2) First Amendment
(3) Fourth Amendment/Article I, §7
§8.6 Conclusion

Michele L. Earl-Hubbard is a principal of Allied Law Group LLC in Seattle, where she has handled numerous public record, open meetings, and open court matters for clients in the trial and appellate courts and serves media and business clients in the areas of defamation, privacy, advertising law, copyright, prior restraint, reporter's privilege, and media antitrust issues. She is also a founding member, former president, and current board member of the Washington Coalition for Open Government. Ms. Earl-Hubbard obtained her J.D. from Northwestern...

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