Open Records

Washington’s public records law is the Public Records Act (PRA), Chapter 42.56 RCW, originally approved by voters in 1972 via Initiative 276. Its stated public policy (RCW 42.56.030) is unusually direct: “The people of this state do not yield their sovereignty to the agencies that serve them” – the law is designed to favor broad, timely disclosure with only narrow statutory exemptions.

Who can request records

Any person may request records. A requester doesn’t need to disclose their identity or reason for the request, and – with limited exceptions – an agency can’t restrict access based on intended use. An agency can ask the purpose of a request to help facilitate the response, but generally cannot condition access on providing that reason.

What’s covered

All records maintained by state and local government agencies, with narrow statutory exemptions. A specific carve-out: photographs and month/year of birth in personnel files of public employees or volunteers are exempt, except when the request comes from news media. Agencies also cannot provide “lists of individuals” when the request is for a commercial purpose.

How to request

Requests can typically be submitted in writing (many agencies also accept informal or verbal requests, though a written record helps document the process). Clearly describing the records sought speeds up the response – an agency isn’t required to answer questions, do research, or provide information that isn’t an identifiable existing public record.

Response timeline

Agencies must respond within 5 business days by: providing the records, providing a web link to them, acknowledging receipt and giving a reasonable time estimate, or acknowledging receipt and seeking clarification if the request is unclear. If a requester believes an agency’s time estimate is unreasonable, the PRA specifically authorizes a lawsuit challenging that estimate – with the burden of proof on the agency to show its estimate was reasonable.

Fees

– Inspecting records on-site, or accessing them via a public web link, is always free. – If copies are provided, agencies may charge based on actual copying costs (supported by a cost study) or the PRA’s statutory default rates, if calculating actual costs would be unduly burdensome. – Agencies must publish their fee schedule. – No fee can be charged for the time spent reviewing or redacting records – only for the actual production/copying itself. – An agency can waive copying fees, but only pursuant to a formally adopted waiver policy. – Specialized costs (e.g., redacting body camera footage) may carry their own separate per-minute or per-hour rates, set by local policy.

Exemptions

Notably, Washington courts have held that all records of the judicial branch are exempt from the PRA (Federal Way v. Koenig). Beyond that, the PRA lists specific statutory exemptions; when withholding a document, the agency must cite the specific exemption statute and briefly explain how it applies (an “exemption log” is the common practice for larger productions) – silently withholding a record without this explanation is itself a PRA violation.

If your request is denied

Every agency must have an internal review procedure available to anyone who objects to a denial. Beyond that, appeals are heard only in Superior Court (in the county where the agency is located) – there’s no dedicated administrative appeals body, though the Washington Attorney General’s Office maintains a non-binding records ombudsman who can help mediate disputes. A prevailing requester in court recovers attorney’s fees and costs, and courts can impose penalties of up to $100 per day, per improperly withheld record. Requesters generally have one year to file suit.

A note on terminology

Washington’s law is officially the “Public Records Act” (PRA) – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).