Wash. Admin. Code § 388-01-120 - What if the public record contains information that is exempt from public disclosure?
(1) Public records
and information may be exempt from disclosure or production under chapter 42.56
RCW or other state or federal laws. Commonly applicable exemptions include, but
are not limited to, the following:
(a) Under
RCW
42.56.230(1), personal
information in files maintained for welfare recipients and patients or clients
of public institutions or public health agencies. Personal information
includes, but is not limited to:
(i)
Names;
(ii) Telephone
numbers;
(iii) Fax
numbers;
(iv) Email
addresses;
(v) Social Security
numbers;
(vi) Medical record
numbers;
(vii) Health plan
beneficiary numbers;
(viii) Account
numbers;
(ix) Certificate or
license numbers;
(x) Vehicle
identifiers and serial numbers, including license plate numbers;
(xi) Device identifiers and serial
numbers;
(xii) Web universal
resource locators (URLs);
(xiii)
Internet protocol (IP) address numbers;
(xiv) Biometric identifiers, including finger
and voice prints;
(xv) Full face
photographic images and any comparable images;
(xvi) Any other unique identifying number,
characteristic, or code;
(xvii) All
geographic subdivisions smaller than a state, including street address, mailing
address, city, county, precinct, geocodes, and zip code, except for the initial
three digits of a zip code; and
(xviii) All elements of dates (except year)
for dates directly related to an individual, including birth date, admission
date, discharge date, date of death.
(b) Under
RCW
74.04.060 and related federal laws,
information and records about applicants and recipients of public assistance
and other services provided and received under Title 74 RCW.
(c) Under chapter 13.50 RCW and related
federal laws, information and records about juvenile offender and child welfare
cases.
(d) Under chapter 26.23 RCW
and related federal laws, information and records about child support
enforcement.
(e) Under chapter
26.33 RCW and related federal laws, information and records about
adoption.
(f) Under chapter 70.02
RCW and related federal laws, protected health care information and medical
records.
(g) Under
RCW
74.34.095, information and records about
alleged abandonment, abuse, financial exploitation, or neglect of a vulnerable
adult.
(h) Under
RCW
42.56.230(3), personal
information in files maintained for DSHS employees or elected officials to the
extent that disclosure would violate their right to privacy.
(i) Under
RCW
42.56.250, the following information from
personnel records, public employment related records, volunteer rosters, or
included in any mailing list of employees or volunteers of any public agency:
(A) Residential addresses;
(B) Residential phone numbers;
(C) Personal wireless telephone
numbers;
(D) Personal email
addresses;
(E) Social Security
numbers;
(F) Driver's license
numbers;
(G) Identicard
numbers;
(H) Personal demographic
details;
(I) Photographs and month
and year of birth, except the news media shall have access to the photographs
and full dates of birth;
(J)
Emergency contact information; and
(K) Names, dates of birth, residential
addresses, residential telephone numbers, personal wireless telephone numbers,
personal email addresses, social security numbers, and emergency contact
information of dependents of employees or volunteers of a public
agency.
(j) Under
RCW
42.56.640 and
43.17.410, sensitive personal
information of vulnerable individuals and in-home caregivers for vulnerable
populations, except as allowed under subsection (3) of this section.
(2) If the requested public record
contains information that is exempt from public disclosure, DSHS may:
(a) As appropriate, release the nonexempt
portion, explaining what exemptions apply to redacted portions of the
record;
(b) As appropriate, deny
release of the entire record, sending a written explanation and citing the
exemption that applies to the denial; or
(c) Neither confirm or deny the existence of
the requested records and provide the legal basis for confidentiality as if the
responsive records existed, when a denial would reveal information that is
confidential and must not be disclosed.
(3) Sensitive personal information under
subsection (1)(j) of this section may be disclosed or produced if DSHS
determines that the requester:
(a) Meets the
criteria under
RCW
42.56.645; and
(b) Has complied with any procedures
developed by DSHS to protect the confidentiality of the information.
Notes
Statutory Authority: RCW 42.17.250 and 34.05.220. 99-15-065, § 388-01-120, filed 7/19/99, effective 8/19/99.
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