Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1986 NO. 7 >

The Department of Revenue has statutory authority to require private businesses to provide information to the Department for research purposes, and information provided pursuant to such a requirement will be confidential and not subject to access by the general public, but the precise limits of the Department's authority depend on judicial determination in specific cases.

AGO 1992 NO. 9 >

1.  The Legislature created a citizen review board system that functions in an advisory capacity to the juvenile courts, the Department of Social and Health Services, and the Legislature.  The records of each board are the property of the board.  The records must be retained for at least six years unless adequate copies or reproductions are preserved or the board demonstrates to the local records committee that retention of such records for six years is unnecessary and uneconomical.  2.  The records are confidential and may only be disclosed when specifically authorized under the statutes protecting the records of juvenile justice or care agencies found in chapter 13.50 RCW.    3.  The board need not prepare a transcript of its review, so long as a verbatim record is maintained.

AGLO 1973 NO. 9 >

(1) Section 24 (1) (e) of Initiative No. 276 is applicable to the prosecuting attorney of a county with respect to his preparation of legislation for his county. (2) In order to comply with the reporting requirements of § 24 (1) (f) of Initiative No. 276, in the case of a prosecuting attorney, it will be sufficient simply to include that during the reporting period the individual performed the duties and functions of prosecuting attorney of his county in return for his statutory compensation. (3) Section 26 (1) of Initiative No. 276 requires each county to adopt rules governing the availability for public inspection and copying of its public records.

AGO 1973 NO. 10 >

(1) Under the provisions of Initiative No. 276, a public school district may allow the parents of a student enrolled therein to inspect the district's records pertaining to that student in those instances where the student is 18 years of age or older unless to do so will violate a right of privacy of the student who is the subject of the particular record and this information cannot be deleted from the record without destroying it. (2) The question of whether disclosure of any particular information in a school district's records respecting its students would violate the student's right of privacy is to be decided on a case‑by-case basis in the courts in accordance with the procedures set forth in §§ 31, 33 and 34 of Initiative No. 276 (chapter 1, Laws of 1973).

AGO 1989 NO. 11 >

Where a county sells municipal bonds to an underwriter to finance a public works project, and subsequent sales of the bonds are made with the identities of the bondholders known only to a registrar appointed pursuant to RCW 43.80.125(1), and the registrar is not a public agency but a bank or trust company as required by statute, and the county has never prepared, possessed, used, or retained any list of bondholders, the records identifying such bondholders are not obtainable from the county through a public records request made pursuant to chapter 42.17 RCW.

AGO 1975 NO. 15 >

(1) In the absence of specific legal authorization or direction, a public agency governed by Initiative No.276 (chapter 42.17 RCW) is prohibited by RCW 42.17.260(5) from supplying the names of natural persons in list form when the person requesting such information from the public records of the agency intends to use it to contact or in some way personally affect the individuals identified on the list and when the purpose of the contact would be to facilitate that person's commercial activities.  (2) Application of above principles to several specific factual situations involving records in the custody of the state department of motor vehicles.

AGLO 1981 NO. 18 >

The term "public records," as defined in RCW 40.14.010, includes machine readable records, i.e., records on computer magnetic tapes, disc storage files, punch cards and other machine readable media.

AGO 1972 NO. 20 >

The records of funds deposited by the commissioner of public lands in approved state depositories, pursuant to RCW 43.85.130 and 43.85.140, are available for public inspection in accordance with RCW 43.88.200.

AGLO 1977 NO. 21 >

(1) In the event that a county assessor has utilized one or more leases of comparable lands to establish the "net cash rental" for certain farm and agricultural land under RCW 84.34.065, those leases (or copies), if retained in his custody, constitute "public records" under the public disclosure law (chapter 42.17 RCW); accordingly, the owner of such land will be governed by the provisions of that law in seeking to require the assessor to permit inspection of the contents of those documents.

(2) If, however a petition for review under chapter 84.48 RCW has been filed, such a landowner may utilize the provisions of RCW 84.48.150 to obtain the same material or information from the assessor.

AGO 1978 NO. 25 >

Records pertaining to a deferred criminal prosecution under chapter 10.05 RCW, following their removal from the court file in accordance with RCW 10.05.120, are not then required by that law either to be sealed or destroyed; however, limited concealment in a given case may be required either by the provisions of some other law (such as the state public disclosure law) or, conceivably, by court order.