Public records

A public record is any state or local record relating to the conduct of government. All records kept by state and local agencies are public records unless specifically exempted by law.

Examples of open records include public officials' and employees' travel records and records of how state agencies spend money.

Records may be kept in a number of forms, including written documents, sound recordings and computer disks.

Providing the basis for records disclosure in Washington is the state Public Records Act, adopted in 1972 by voters as Initiative 276. It requires broad access to records and the right to copy them, although state and federal law include exemptions to protect individuals' privacy, police investigations and proprietary information about businesses.

Just because one portion of a record is exempt from disclosure does not mean the entire document is exempt. In fact, the agency must black or block out the exempt portion and provide the rest, as well as identify the legal exemption allowing it to withhold that undisclosed portion of the record. The same explanation is due when a record is withheld.

Agencies are required to explain how their public records process works. Some require that the requester fill out a form, while others do not. Agencies also charge varying fees for copying records.

A request may be submitted in person, by mail, fax or telephone, or even e-mail. If you do not want to pay for or keep the copies of what you have requested, agencies must make the records available to you to look at, and there is no fee to inspect public records.

When making a request, keep it as specific as possible. To avoid surprises later, ask how much the agency will charge to provide you with copies of the records.

Agencies must respond to a request within five business days, either by providing the record or giving a reasonable estimate of how long a response will require. If your request is denied, the agency must do so in writing and cite the specific reasons.

If a request is not clear, an agency might ask for more detail about what is needed. But the requester in Washington does not have to demonstrate a "need" to know what is in a state or local public record. The law is based on the public's "right to know" what its government is doing.

If your request is denied, you may ask for a review by the Attorney General's Office. Written requests for a review should be addressed to: Office of the Attorney General, Public Records Review, P.O. Box 40100, Olympia, WA 98504-0100.

You also may file a lawsuit in Superior Court in the county where the record is located. You may bring a similar legal action if there is unreasonable delay in an agency's response to your request. The burden is on the agency under Washington law to show why the denial is proper or the delay necessary.

return to Legislature page