Washington Public Records Act

Response Timeline

5 business days for initial response (RCW 42.56.520). Initial response may be: (1) providing records, (2) directing to website, (3) acknowledging receipt with time estimate, (4) requesting clarification, or (5) denying request. No statutory limit on extensions - agencies must provide 'reasonable' time estimates. Denials appealed within the agency must be reviewed by end of 2nd business day.

No residency requirement. Any 'person' (individual, organization, or governmental entity) may request records regardless of location.

How to Submit a Request

Accepted Methods

• Written — Most common - email, mail, or agency portal
• In person — Accepted at agency offices
• Online portal — Many agencies use NextRequest or similar portals

No specific format required, but must include: requester name, contact information (mailing address and phone/email), and description specific enough for staff to locate records.

Required Elements

• Requirement — Requester name
• Requirement — Mailing address
• Requirement — Phone number or email address
• Requirement — Description of records (must be reasonably identifiable)

Optional Elements

• Optional — Preferred format (paper vs electronic)
• Optional — Preferred delivery method

Fees

RCW 42.56.120 sets statutory maximums. Agencies cannot exceed actual costs. Many agencies waive fees for small requests to avoid administrative costs. Agencies must provide advance notice of charges and allow requesters to modify requests to reduce fees.

Fee Waivers

• Agencies may adopt rules permitting fee waivers
• Many agencies informally waive charges for small requests to avoid administrative costs

No statutory mandate for waivers, but agencies may establish waiver policies. Common practice to waive fees for small requests where collection cost exceeds actual fees.

Exemptions

• Personal Information
  Personal information of students, patients, welfare recipients (RCW 42.56.230)
• Employee Personnel Records
  Employee personal information - home addresses, phone numbers, personal email (RCW 42.56.250)
• Tax & Financial Information
  Tax returns and financial account information (RCW 42.56.230)
• Invest Records
  Investigative records when disclosure would jeopardize law enforcement (RCW 42.56.240)
• Trade Secrets
  Trade secrets and commercially valuable information (RCW 42.56.270)
• Attorney-Client Privilege
  Attorney-client communications (RCW 42.56.290)
• Pending Litigation
  Records related to pending litigation (RCW 42.56.290)
• Preliminary Drafts
  Preliminary drafts and notes not retained in ordinary course (RCW 42.56.280)
• Exam Questions
  Examination questions and answers (RCW 42.56.250)
• Security Info
  Security information that could compromise safety (RCW 42.56.420)

Washington has added numerous exemptions since 1972. Agencies bear burden of proving exemption applies. Must cite specific statutory exemption in denial.

Appeal Process

Primary enforcement is through Superior Court litigation. AG review available for state agencies but is non-binding. Must file suit within 1 year of exemption claim or last partial production. Agency bears burden of proving withholding was lawful.

Request Templates

Records Retention

RCW 40.14

View retention law →

Retention schedule catalog →

Default minimum retention is 6 years unless a lesser period is approved by the Director of Financial Management, State Auditor, and Attorney General. Peace officer and corrections officer personnel records must be kept for employment duration plus 10 years minimum. The Local Records Committee reviews local government destruction requests.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Washington →
• NFOIC State FOI Resources →