Table of Contents
What is exempt from public records?
For instance, the home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement personnel, code enforcement officers, firefighters, state attorneys, U.S attorneys, judges, personnel directors, and a number of other categories, as well as information about their spouses.
How many exemptions can I have in FOIA?
nine exemptions
The Freedom of Information Act provides that the agency will provide access to identifiable documents within our possession unless one of nine exemptions or three exclusions applies. The exact language of the exemptions can be found in the FOIA.
Who is exempt from Freedom of Information Act?
The section 23 exemption applies to any information you have received from, or relates to, any of a list of named security bodies such as the security service. You do not have to confirm or deny whether you hold the information, if doing so would reveal anything about that body or anything you have received from it.
Who are exempt from the general right of access?
The Act creates a general right of access to information held by public bodies, but also sets out 23 exemptions where that right is either not allowed or is qualified. The exemptions relate to issues such as national security, law enforcement, commercial interests, and personal information.
What are absolute exemptions?
Absolute exemptions are the exemptions for which it there is no duty to consider disclosure in the public interest. They are set out in Part II of the Freedom of Information Act 2000.
Can a government agency withhold an exempt record?
Therefore, an agency has the discretion to disclose an exempt record under the PRA. For records subject to “other statutes,” however, an agency may be required to withhold records if the statute prohibits disclosure. Doe v.
When to withhold public records under the PRA?
DSHS (2001) (court rules); Ameriquest v. Office of the Attorney General (2013) (federal laws and rules). If another statute does not conflict with the PRA and either exempts or prohibits disclosure of specific public records in their entirety; then the records may be withheld despite the redaction requirements in RCW 42.56.210 (1).
What happens if an exemption applies to all of a record?
If an exemption applies to all or part of a record, the exempt content can be withheld or deleted (redacted). Many court cases interpret these exemptions, and new exemptions can be created or modified each year by the Legislature.
Who is charged with reviewing public records exemptions?
The Public Records Exemptions Accountability Committee (“ Sunshine Committee”) is charged with reviewing exemptions in state law and making recommendations for changes. RCW 42.56.140. A full treatment of all exemptions is beyond the scope of this Open Government Resource Manual.