Revised Code of Washington

Wash. Rev. Code § 42.56.070 (2026)

✓ current as of May 2026

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(1) Each agency, in accordance with published rules, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of subsection (8) of this section, this chapter, or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion of personal privacy interests protected by this chapter, an agency shall delete identifying details in a manner consistent with this chapter when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing.

(2) For informational purposes, each agency shall publish and maintain a current list containing every law, other than those listed in this chapter, that the agency believes exempts or prohibits disclosure of specific information or records of the agency. An agency's failure to list an exemption shall not affect the efficacy of any exemption.

(3) Each local agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973:

(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency;

(d) Planning policies and goals, and interim and final planning decisions;

(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and

(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.

(4) A local agency need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event:

(a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and

(b) Make available for public inspection and copying all indexes maintained for agency use.

(5) Each state agency shall, by rule, establish and implement a system of indexing for the identification and location of the following records:

(a) All records issued before July 1, 1990, for which the agency has maintained an index;

(b) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;

(c) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties;

(d) Interpretive statements as defined in RCW 34.05.010 that were entered after June 30, 1990; and

(e) Policy statements as defined in RCW 34.05.010 that were entered after June 30, 1990.

Rules establishing systems of indexing shall include, but not be limited to, requirements for the form and content of the index, its location and availability to the public, and the schedule for revising or updating the index. State agencies that have maintained indexes for records issued before July 1, 1990, shall continue to make such indexes available for public inspection and copying. Information in such indexes may be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations. State agencies shall make indexes available for public inspection and copying. State agencies may charge a fee to cover the actual costs of providing individual mailed copies of indexes.

(6) A public record may be relied on, used, or cited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any other purpose only if:

(a) It has been indexed in an index available to the public; or

(b) Parties affected have timely notice (actual or constructive) of the terms thereof.

(7) 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.

(8) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.05 RCW, the administrative procedure act.

[ 2017 c 304 s 1; 2005 c 274 s 284; 1997 c 409 s 601. Prior: 1995 c 397 s 11; 1995 c 341 s 1; 1992 c 139 s 3; 1989 c 175 s 36; 1987 c 403 s 3; 1975 1st ex.s. c 294 s 14; 1973 c 1 s 26 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.260.]

Notes:

Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.

Effective date—1989 c 175: See note following RCW 34.05.010.

Intent—Severability—1987 c 403: See notes following RCW 42.56.050.

Exemption for registered trade names: RCW 19.80.065.

Paid family and medical leave information: RCW 50A.05.020(4).

Notes of Decisions

Cited in 237 cases (50 in the last 5 years), 2006–2026 · leading case: SEIU Healthcare 775NW v. Dep't of Soc. & Health Servs., 377 P.3d 214 (Wash. Ct. App. 2016).

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SEIU Healthcare 775NW v. Dep't of Soc. & Health Servs., 377 P.3d 214 (Wash. Ct. App. 2016). · cites it 32× “RCW 42.56.070(1) refers to the provision as an exemption, stating that all public records must be made available “unless the record falls within the specific exemptions of [subsection (9)] of this section, this chapter, or other statute which exempts or prohibits disclosure of…”

Doe v. Washington State Patrol, 374 P.3d 63 (Wash. 2016). · cites it 17× “*403 ¶76 The court’s order is divided into three paragraphs, as follows: 1) Declaratory judgment is entered providing that level I sex offender registration records are exempt from disclosure under RCW 42.56.070 pursuant to RCW 4.24.550. RCW 4.”

Fisher Broad.-Seattle TV LLC v. City of Seattle, 326 P.3d 688 (Wash. 2014). · cites it 8× “Since RCW 42.56.070 Mandates Disclosure of Dash-Cam Videos of Law Enforcement Encounters with the Public and RCW 9.”

Lyft, Inc. v. City of Seattle, 418 P.3d 102 (Wash. 2018). · cites it 6× “¶ 43 The majority properly holds that the exemption comes from RCW 42.56.070, which states that a record is exempt "unless the record falls within the specific exemptions of .”

Resident Action Council v. Seattle Hous. Auth., 327 P.3d 600 (Wash. 2013). · cites it 5× “See RCW 42.56.070, .230-.480, .600-.610. The PRA’s exemptions are provided solely to protect relevant privacy rights or vital governmental interests that sometimes outweigh the PRA’s broad policy in favor of disclosing public records.”

Seiu Local 925, Appellant/cross-respondent v. Freedom Found., Respondent/cross-appellant, 389 P.3d 641 (Wash. Ct. App. 2016). · cites it 14× “Under RCW 42.56.070(1), a government agency must disclose public records upon request unless the records fall within the specific exemptions of RCW 42.”

Livingston v. Cedeno, 186 P.3d 1055 (Wash. 2008). · cites it 8× “¶ 7 The Department argues its decision to intercept the requested public record is unrelated to the public records act.”

White v. Clark Cnty., 354 P.3d 38 (Wash. Ct. App. 2015). · cites it 8× “We hold that these provisions together constitute an “other statute” exemption to the PRA under RCW 42.56.070(1) and that the County did not violate the PRA by failing to disclose the pre-tabulated ballot images.”

Livingston v. Cedeno, 164 Wash. 2d 46 (Wash. 2008). · cites it 8× “Indeed, the Department contends it fulfilled its obligation under the statute when it approved the request and sent the record in the mail. ¶7 The Department argues its decision to intercept the requested public record is unrelated to the Public Records Act.”

Yakima Cnty. v. Yakima Herald-Repub., 170 Wash. 2d 775 (Wash. 2011). · cites it 5× “RCW 42.56.070; Soter, 162 Wn.2d at 731 . ¶35 Because this case involves records held by the Yakima County Superior Court and by other county entities, we will first consider the arguments related to the court records held by the court.”

Ameriquest Mortg. Co. v. Off. of Attorney Gen., 300 P.3d 799 (Wash. 2013). · cites it 5× “Any challenges to agency action involving the PRA are subject to de novo review, and a successful challenger is awarded costs and fees and, at the discretion of the court, a statutory penalty.”

Bainbridge Police Guild v. City of Puyallup, 259 P.3d 190 (Wash. 2011). · cites it 4× “RCW 42.56.070. ¶ 68 RCW 42.56.240(1) provides an exemption from disclosure for certain investigative records.”

Show all 237 citing cases →

— Wash. Rev. Code § 42.56.070(1) — 217 cases

Doe v. Washington State Patrol, 374 P.3d 63 (Wash. 2016). “*403 ¶76 The court’s order is divided into three paragraphs, as follows: 1) Declaratory judgment is entered providing that level I sex offender registration records are exempt from disclosure under RCW 42.56.070 pursuant to RCW 4.24.550. RCW 4.”

Fisher Broad.-Seattle TV LLC v. City of Seattle, 326 P.3d 688 (Wash. 2014). “Since RCW 42.56.070 Mandates Disclosure of Dash-Cam Videos of Law Enforcement Encounters with the Public and RCW 9.”

Livingston v. Cedeno, 186 P.3d 1055 (Wash. 2008). “¶ 7 The Department argues its decision to intercept the requested public record is unrelated to the public records act.”

Livingston v. Cedeno, 164 Wash. 2d 46 (Wash. 2008). “Indeed, the Department contends it fulfilled its obligation under the statute when it approved the request and sent the record in the mail. ¶7 The Department argues its decision to intercept the requested public record is unrelated to the Public Records Act.”

SEIU Healthcare 775NW v. Dep't of Soc. & Health Servs., 377 P.3d 214 (Wash. Ct. App. 2016). “RCW 42.56.070(1) refers to the provision as an exemption, stating that all public records must be made available “unless the record falls within the specific exemptions of [subsection (9)] of this section, this chapter, or other statute which exempts or prohibits disclosure of…”

— Wash. Rev. Code § 42.56.070(2) — 1 case

White v. Clark Cnty., 354 P.3d 38 (Wash. Ct. App. 2015). “We hold that these provisions together constitute an “other statute” exemption to the PRA under RCW 42.56.070(1) and that the County did not violate the PRA by failing to disclose the pre-tabulated ballot images.”

— Wash. Rev. Code § 42.56.070(6) — 6 cases

White v. Skagit Cnty., 355 P.3d 1178 (Wash. Ct. App. 2015).

Klinkert v. Washington State Crim. Just. Training Comm'n, 342 P.3d 1198 (Wash. Ct. App. 2015).

Anne Block v. Spokane Cnty. (Wash. Ct. App. 2019).

John F. Klinkert, App v. Wa State Crm Just. Training Comm'n, Resp (Wash. Ct. App. 2015).

— Wash. Rev. Code § 42.56.070(7) — 1 case

Doe v. Pierce Cnty., 433 P.3d 838 (Wash. Ct. App. 2019).

— Wash. Rev. Code § 42.56.070(8) — 5 cases

Wash. Pub. Emps. Ass'n v. Wash. State Ctr. for Childhood Deafness & Hearing Loss (Wash. 2019).

Wa Pub. Employees Assoc. v. Wa State Ctr. For C (Wash. Ct. App. 2017).

Assoc. Press v. Wash. State Legislature (Wash. 2019).

Associated Press v. Wash. State Legislature (Wash. 2019).

Does 1, 2, 4, 5, Appellants/cross-respondents V. Sam Sueoka, Respondents/cross-appellants (Wash. Ct. App. 2023).

— Wash. Rev. Code § 42.56.070(9) — 7 cases

Seiu Local 925, Appellant/cross-respondent v. Freedom Found., Respondent/cross-appellant, 389 P.3d 641 (Wash. Ct. App. 2016). “Under RCW 42.56.070(1), a government agency must disclose public records upon request unless the records fall within the specific exemptions of RCW 42.”

Anderson v. Dep't of Soc. & Health Servs., Div. of Child Support, 384 P.3d 651 (Wash. Ct. App. 2016).

Seiu Healthcare 775 N.w., V State Of Wa Dshs (Wash. Ct. App. 2016).

Serv. Employees Int'l Union Local 925, App. v. Dept. Of Early Learning (Wash. Ct. App. 2018).

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