Section 332-10-100. Exemptions.  


Latest version.
  • (1) The department reserves the right to determine that a public record requested is exempt under the provisions of RCW 42.17.310.
    (2) In addition, pursuant to RCW 42.17.260, the department reserves the right to 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 public records officer will fully justify such deletion in writing.
    (3) All public records otherwise exempt by law shall be considered exempt under the provision of these rules.
    (4) All denials of requests for public records will be accompanied by a written statement specifying the reason for the 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.
    (5) The department recognizes that the preservation of personal rights is of paramount importance. Accordingly, the department policy shall be to conduct the disclosure of public records in such a manner to preserve the personal privacy of all department personnel. The policy shall extend to companies and individuals from outside the department whose records come into possession of the department.
    The exemptions of this section shall be 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. No exemption shall be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
    Inspection or copying of any specific records, exempt under the provisions of this section, may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the department, that the exemption of such records, is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
    [Statutory Authority: RCW 34.05.220, 34.05.230 and 42.17.250. WSR 91-14-014 (Order 574), § 332-10-100, filed 6/24/91, effective 7/25/91; Order 262, § 332-10-100, filed 6/16/76.]
RCW 34.05.220, 34.05.230 and 42.17.250. WSR 91-14-014 (Order 574), § 332-10-100, filed 6/24/91, effective 7/25/91; Order 262, § 332-10-100, filed 6/16/76.