Wash. Rev. Code » Title 80 · Chapter 80.04
Revised Code of Washington

Wash. Rev. Code § 80.04.095 (2026)

Protection of records containing commercial information

✓ current as of May 2026
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Records, subject to chapter 42.56 RCW, filed with the commission or the attorney general from any person which contain valuable commercial information, including trade secrets or confidential marketing, cost, or financial information, or customer-specific usage and network configuration and design information, shall not be subject to inspection or copying under chapter 42.56 RCW: (1) Until notice to the person or persons directly affected has been given; and (2) if, within ten days of the notice, the person has obtained a superior court order protecting the records as confidential. The court shall determine that the records are confidential and not subject to inspection and copying if disclosure would result in private loss, including an unfair competitive disadvantage. When providing information to the commission or the attorney general, a person shall designate which records or portions of records contain valuable commercial information. Nothing in this section shall prevent the use of protective orders by the commission governing disclosure of proprietary or confidential information in contested proceedings.
[ 2005 c 274 s 358; 1987 c 107 s 1.]
Notes of Decisions
Cited in 6 cases, 2006–2018 · leading case: Nw. Gas Ass'n v. Washington Utils. & Transp. Comm'n, 141 Wash. App. 98 (Wash. Ct. App. 2007).
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Nw. Gas Ass'n v. Washington Utils. & Transp. Comm'n, 141 Wash. App. 98 (Wash. Ct. App. 2007). · cites it 4× “One such exemption is for “[r]ecords filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.”
Nw. Gas Ass'n v. Washington Utils. & Transp. Com'n, 168 P.3d 443 (Wash. Ct. App. 2007). · cites it 4× “One such exemption is for "[r]ecords filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.”
Lyft, Inc. v. City of Seattle, 418 P.3d 102 (Wash. 2018). “24.061 (regarding insect and plant diseases); RCW 48.”
Koenig v. City of Des Moines, 158 Wash. 2d 173 (Wash. 2006). “310(1)(k) (exempting [r \ecords, maps, or other information identifying the location of archeological sites” to prevent looting (emphasis added)); former RCW 42.”
Koenig v. City of Des Moines, 142 P.3d 162 (Wash. 2006). “310(1)(k) (exempting " [r]ecords, maps, or other information identifying the location of archeological sites" to prevent looting (emphasis added)); former RCW 42.”
Resident Action Council v. Seattle Hous. Auth. (Wash. 2013). “"Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that [would result in 43 Resident Action Council v.”
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