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Washington FOIA procedures

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Washington FOIA procedures
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Washington as of March 2023. On this page you will find:

How to request public records in Washington

Washington state agencies are required by statute to publish procedures for requesting public records.[1] Requests should be directed to the agency in possession of the records according to that particular agency's procedures. According to the state attorney general's office:[2]

“

A request for public records can be initiated:

  • In person;
  • By mail, email, or fax; or
  • Over the telephone.

You may be able to obtain the addresses and telephone numbers of state agencies in current telephone directories, or you can obtain the telephone number of an agency by calling the Olympia area information operator 360-753-5000 or 1-800-321-2808.

Each state and local agency is required to provide assistance to citizens in obtaining public records and to explain how the agency’s public records process works.[3]

”

Purpose and use

Public entities may not require individuals to state a purpose for requesting records, except to ensure that responding to the request would not violate state law. According to RCW 42.56.080, "Agencies shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.56.070(8) or 42.56.240(14), or other statute which exempts or prohibits disclosure of specific information or records to certain persons."[4] Public entities may not "give, sell or provide access to lists of individuals requested for commercial purposes."[5]

Who may request public records?

See also: List of who can make public record requests by state

Anyone may request records in Washington.[4] Washington is among 41 states that do not require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

Washington allows public entities to charge a fee to cover the cost of responding to a records request. According to RCW 42.56.070:[5]

“

Each agency may establish, maintain, and make available for public inspection and copying a statement of the actual costs that it charges for providing photocopies or electronically produced copies, of public records and a statement of the factors and manner used to determine the actual costs. Any statement of costs may be adopted by an agency only after providing notice and public hearing.
(a)(i) In determining the actual cost for providing copies of public records, an agency may include all costs directly incident to copying such public records including:
(A) The actual cost of the paper and the per page cost for use of agency copying equipment; and
(B) The actual cost of the electronic production or file transfer of the record and the use of any cloud-based data storage and processing service.
(ii) In determining other actual costs for providing copies of public records, an agency may include all costs directly incident to:
(A) Shipping such public records, including the cost of postage or delivery charges and the cost of any container or envelope used; and
(B) Transmitting such records in an electronic format, including the cost of any transmission charge and use of any physical media device provided by the agency.
(b) In determining the actual costs for providing copies of public records, an agency may not include staff salaries, benefits, or other general administrative or overhead charges, unless those costs are directly related to the actual cost of copying the public records. Staff time to copy and send the requested public records may be included in an agency's costs.[3]

”

Response time

See also: Request response times by state

Public entities must respond to a records request within five business days. According to RCW 42.56.520:[6]

“

(1) Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond in one of the ways provided in this subsection (1):
(a) Providing the record;
(b) Providing an internet address and link on the agency's web site to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer;
(c) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request;
(d) Acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and asking the requestor to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request if it is not clarified; or
(e) Denying the public record request.
(2) Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.
(3)(a) In acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking.
(b) If the requestor fails to respond to an agency request to clarify the request, and the entire request is unclear, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it. Otherwise, the agency must respond, pursuant to this section, to those portions of the request that are clear.
(4) Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review.[3]

”

As of April 2023, 12 states had no mandated response time. Of the 38 states with response time limits, 11 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or less, 10 in five days or less, 13 in 10 days or less, and seven in 20 days or less.

Exemptions

Some records are exempt from the Washington Public Records Act. According to the state attorney general's office:[2]

“

While the state strongly encourages disclosure of public records, state law does allow for some information to be withheld. These “exemptions” are listed in the Public Records Act (RCW 42.56). Other exemptions are found elsewhere in Washington law, and in federal law.

Many of the exemptions are designed to protect the privacy rights of other individuals. Other exemptions are designed to protect the investigative functions of law enforcement and other agencies with investigative responsibilities, as well as the legitimate business interests of other citizens.

You should refer to the Public Records Act itself for specific exemptions. You may also wish to consult with an agency’s records officer.

Just because part of a record may be exempt does not mean the entire record can be withheld. In those cases, the agency has the obligation to black out or otherwise remove the information it believes is exempt from disclosure and provide you the rest.

If you are denied access to a public record, the agency must identify the specific exemption or other law it believes justifies its denial and explain how that exemption applies to your request.[3]

”

See also

External links

Footnotes

  1. ↑ Washington State Legislature, "RCW 42.56.040," accessed March 21, 2023
  2. ↑ 2.0 2.1 Washington State Office of the Attorney General, "Obtaining Records," accessed March 21, 2023 Cite error: Invalid <ref> tag; name "ag" defined multiple times with different content
  3. ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ 4.0 4.1 Washington State Legislature, "RCW 42.56.080," accessed March 21, 2023 Cite error: Invalid <ref> tag; name "RCW80" defined multiple times with different content
  5. ↑ 5.0 5.1 Washington State Legislature, "RCW 42.56.070," accessed March 21, 2023 Cite error: Invalid <ref> tag; name "RCW70" defined multiple times with different content
  6. ↑ Washington State Legislature, "RCW 42.56.520," accessed March 21, 2023
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