The Public Records Act (Chapter 42.56 RCW) is a Washington State law that allows you to review government records. Public records include documents in all formats, whether electronic or paper, that relate to government operations or conduct. All of Commerce’s documents are considered public records, and are subject to public review, unless a law specifically exempts certain information from disclosure.
Frequently asked questions
How do I request a copy of a public document?
Please Submit a request through the Public Records Request Portal. It will prompt you to create an account after selecting, Submit a Records Request.
The request must be for a specific identifiable record or series of records. The more precisely you identify the record you seek, the more efficient and effective we can be in locating and providing the appropriate documents.
Public Disclosure Requests may also be submitted by mail to:
Public Disclosure Requests
Washington State Department of Commerce
PO Box 42525
Olympia, WA 98504-2525
If you need assistance submitting your request, please call 360-725-2733.
What records are exempt from disclosure?
Exemptions are listed in the Public Records Act, while others are found elsewhere in Washington and Federal law. Many of these exemptions are designed to protect privacy rights and legitimate business interests.
Records exempt from public disclosure
| Exemption | Explanation of withholding |
|---|---|
| Atty-Client Priv. | Attorney-Client Privilege – RCW 5.60.060(2)(a); RCW 42.56.070(1) – Communication from client to attorney for the purpose of obtaining legal advice; Communication from attorney to client for the purpose of providing legal advice; Communication between attorney and client regarding litigation; and/or Communication between members of the client agency for the purpose of gathering information to obtain legal advice or to convey attorney-client communications. An attorney or counselor shall not without the consent of his or her client be examined as to any communication made by the client to him or her or his or her advice given thereon in the course of professional employment. Dietz V. Doe 131 Wn2d 835 (1997) – The Supreme Court recognizes that the attorney-client privilege applies both to testimony and written documents that were created for the purpose of obtaining or providing legal advice. |
| Work Product | Attorney Work Product Privilege/Agency Party to a Controversy – RCW 42.56.290 – Drafts, notes, memoranda, or research reflecting the opinions or mental impressions of an attorney or attorney’s agent prepared, collected, or assembled in litigation or in anticipation of litigation; Notes, memoranda, statements, records that reveal factual or investigative information prepared, collected, or assembled in litigation or in anticipation of litigation; Communication between attorney and client that reveals opinions or mental impression of attorney, or information prepared, collected, or assembled in litigation or in anticipation of litigation; Communication between attorneys who have a common interest or a joint defense agreement that reveals opinions or mental impression of attorney, or information prepared, collected, or assembled in litigation or in anticipation of litigation; and/or RCW 7.07.030 provides for confidentiality relating to mediations. RCW42.56.290 provides for an exemption from disclosure things that are not discoverable when an agency is a party to a controversy. |
| Privacy | Invasion of Privacy – RCW 42.56.050 – A person’s “right to privacy,” “right of privacy,” “privacy,” or “personal privacy,” as these terms are used in this chapter, is invaded or violated only if disclosure of information about the person: (1) Would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public. |
| Welfare Recip. | Personal Information of Welfare Recipient in Local Housing Authority Decision – RCW 42.56.230(1) – “welfare recipient” provision, the state Supreme Court held that hearing decisions of a local housing authority are exempt from disclosure “insofar as they include ‘[p]ersonal information in … files maintained for … welfare recipients’,” but must be produced after such personal information is redacted in response to a request for all of these decisions. Resident Action Council v. Seattle Housing Authority (RAC), 177 Wn.2d 417, 440-42, 300 P.3d 376 (2013), republished as amended, 327 P.3d 600 (2014). |
| Personal Info | Personal Information – RCW 42.56.230(3) – Personal information in files maintained for employees, appointees, retirees or elected officials of any public agency to the extent that disclosure would violate their right to privacy. Seattle Firefighters v. Hollister, 48 Wn.App 129, at 134 (1987) |
| Emp. Eval. | Employee Performance Evaluations – RCW 42.56.230(3) – Routine employee performance evaluation with no discussion of specific instances of misconduct – Dawson v. Daly , 120 Wn.2d 782, 845 P.2d 995 (1993); RCW 42.56.230(3) |
| Tax Information | Tax ID Information – RCW 42.56.230(4); 42 U.S.C. §405(c)(2)(C)(viii)(I); RCW 42.56.070(1) – Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would: (a) Be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, 84.40.340, or any ordinance authorized under RCW 35.102.145; or (b) violate the taxpayer’s right to privacy or result in unfair competitive disadvantage to the taxpayer |
| Financial/SSN | Personal Information – Financial Information – RCW 42.56.230(5); RCW 9.35.005 – Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial information as defined in RCW 9.35.005 including social security numbers, except when disclosure is expressly required by or governed by other law |
| Relig. Affil. | Religious Affiliation Exemption – RCW 42.56.235 – All records that relate to or contain personally identifying information about an individual’s religious beliefs, practices, or affiliation are exempt from disclosure. |
| Crime Victims | Investigative, Law Enforcement, and Crime Victims – RCW 42.56.240(2) – Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person’s life, physical safety, or property. If at the time a complaint is filed the complainant, victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern |
| Test Questions | Public Employees – Test Questions Scoring Keys, and other examination data RCW 42.56.250(1) – Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination |
| Applications | Public Employees – Applications – RCW 42.56.250(2) – All applications for public employment including the names of applicants resumes and other related materials submitted with respect to an applicant |
| Personnel File | Public Employees/Volunteers Files – Address; Phone; Email; SSN; Driver’s License; Emergency Contact; Names and DOB (for dependents) – RCW 42.56.250(4) -Information held by any public agency in personnel records, public employment related records, volunteer rosters, or included in any mailing list of employees or volunteers of any public agency: Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, driver’s license numbers, identicard numbers, payroll deductions including the amount and identification of the deduction, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. For purposes of this subsection, “employees” includes independent provider home care workers as defined in RCW 74.39A.240; |
| Seeking Advice | RCW 42.56.250(5) – Information that identifies a person who while an agency employee: (a) Seeks advice under an informal process established by the employing agency in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (b) requests his or her identity or any identifying information not be disclosed |
| Open Investigation | RCW 42.56.250(1)(f) – Investigative records compiled by an employing agency in connection with an investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws or an employing agency’s internal policies prohibiting discrimination or harassment in employment. Records are exempt in their entirety while the investigation is active and ongoing. After the agency has notified the complaining employee of the outcome of the investigation, the records may be disclosed only if the names of complainants, other accusers, and witnesses are redacted, unless a complainant, other accuser, or witness has consented to the disclosure of his or her name. The employing agency must inform a complainant, other accuser, or witness that his or her name will be redacted from the investigation records unless he or she consents to disclosure. |
| Photo/DOB | RCW 42.56.250(8) – Photographs and month and year of birth in the personnel files of employees or volunteers of a public agency, including employees and workers of criminal justice agencies as defined in RCW 10.97.030. The news media, as defined in RCW 5.68.010(5), shall have access to the photographs and full date of birth. |
| Emp. Med. Rec. | Employee Medical Records (ADA) – 42 USC §12112(d); 29 CFR 1630.14(c)(1); 29 CFR § 825.500(g) – (FMLA); RCW Chapter 70.02; RCW 42.56.070(1) – Information regarding the medical condition or history of an applicant, employee or employee family members shall be treated as confidential medical records. |
| Whistleblower | Whistleblower Protection – Report of improper governmental action – RCW 42.40.040(2); RCW 42.56.070(1) – Identity or identifying characteristics of a whistleblower or person who in good faith has provided information in a whistleblower investigation is confidential at all times, unless the person consents to disclosure by written waiver, or acknowledges his or her identity pursuant to RCW 42.40.040(2). |
| Fin./Comm. Applic. | Financial, Commercial and Proprietary Information – Supplied to the Department of Commerce for Program Services or Loans – RCW 42.56.270(4) – Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.325, 43.163, 43.160, 43.330, and 43.168 RCW. |
| Fin./Comm. CED | Financial, Commercial and Proprietary Information – Supplied to the Department of Commerce for Community and Economic Development – RCW 42.56.270(12) – (12)(a) When supplied to and in the records of the department of commerce: (i) Financial and proprietary information collected from any person and provided to the department of commerce pursuant to RCW 43.330.050(8); (ii) Financial or proprietary information collected from any person and provided to the department of commerce or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person’s business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business; and (iii) Financial or proprietary information collected from any person and provided to the department of commerce pursuant to RCW 43.31.625 (3)(b) and (4); (b) When developed by the department of commerce based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure; (c) For the purposes of this subsection, “siting decision” means the decision to acquire or not to acquire a site; (d) If there is no written contact for a period of sixty days to the department of commerce from a person connected with siting, recruitment, expansion, retention, or relocation of that person’s business, information described in (a)(ii) of this subsection will be available to the public under this chapter. |
| Excise Tax | Taxes – Excise tax return or tax information – RCW 82.32.330; RCW 42.56.070(1) – Excise tax return or tax information shall be kept confidential and privileged and may not be disclosed. |
| Procurement | State Procurement Records – RCW 39.26.030; RCW 42.56.070(1) – Records related to state procurements are public records subject to disclosure except bid submissions and bid evaluations are exempt from disclosure until the agency announces the apparent successful bidder. |
| Drafts | Deliberative Process – RCW 42.56.280 – Preliminary drafts notes recommendations and intra-agency memos where opinions are expressed or policies formulated or recommended unless cited by an agency in connection with an agency action. |
| Archeological Site | Archeological Sites – RCW 42.56.300(3) – Any site form, report, specific fields and tables relating to site form data within a database, or geographic information systems spatial layer obtained by any state agency or local government, or shared between any state agency, local government, or tribal government, is exempt from disclosure under this chapter, if the material is related to: (a) An archaeological site as defined in RCW 27.53.030; (b) Historical [Historic] archaeological resources as defined in RCW 27.53.030; or (c) Traditional cultural places. |
| Computer | Security – Computer and Telecommunications Networks – RCW 42.56.420(4) – Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities. |
| Domestic Violence | Client records of domestic violence programs, or community sexual assault programs or services for underserved populations – RCW 42.56.370, RCW Chapter 40.24 – Client records maintained by an agency that is a domestic violence program or a community sexual assault program or services for underserved populations. |
| Vulnerable Indiv. | Vulnerable individuals, in-home caregivers for vulnerable populations – RCW 42.56.640; 74.34.040 – (1) Sensitive personal information of vulnerable individuals and sensitive personal information of in-home caregivers for vulnerable populations is exempt from inspection and copying under this chapter. (2) The following definitions apply to this section: (a) “In-home caregivers for vulnerable populations” means: (i) Individual providers as defined in RCW 74.39A.240, (ii) home care aides as defined in RCW 18.88B.010, and (iii) family child care providers as defined in RCW 41.56.030. (b) “Sensitive personal information” means names, addresses, GPS [global positioning system] coordinates, telephone numbers, email addresses, social security numbers, driver’s license numbers, or other personally identifying information. (c) “Vulnerable individual” has the meaning set forth in RCW 9.35.005. |
| HIPAA | 45 CFR § 164.514(b)(2) – Health Insurance Portability and Accountability Act (HIPAA) – Requirements for de-identification of protected health information. Identifying information of individuals or of relatives employers or household members of the individual from health care records is exempt. |
| Broadband | Broadband Service Expansion Grant and Loan Program – Public Works Board – RCW 43.155.160(6)(g) – Confidential business and financial information submitted by an objecting provider under this subsection is exempt from disclosure under chapter 42.56 RCW. |
| Security | Security RCW 42.56.420 The following information relating to security is exempt from disclosure under this chapter: (1) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of: (a) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and (b) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic preparedness for acts of terrorism |
| Affordable Housing occupants and tenants | Affordable Housing occupants & tenants- RCW 42.56.395 Information obtained by the department of commerce under chapter 43.185A RCW during monitoring activities or contract administration that reveals the name or other personal information of occupants or prospective tenants of affordable housing, or the street address of the residential real property occupied or applied for by tenants or prospective tenants of affordable housing, is exempt from disclosure under this chapter. |
| Other Statue | RCW 42.56.070(1) (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. RCW 43.185A.070 and ESSB 5301, Chapter 275, Laws of 2023, Sections 10 and 11. |
| Employment / Licensing | RCW 42.56.250(1)(d) (1) The following employment and licensing information is exempt from public inspection and copying under this chapter: (d) The following information held by any public agency in personnel records, public employment related records, volunteer rosters, or included in any mailing list of employees or volunteers of any public agency: Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, driver’s license numbers, identicard numbers, payroll deductions including the amount and identification of the deduction, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal email addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. For purposes of this subsection (1)(d), “employees” includes independent provider home care workers as defined in RCW 74.39A.240; |
What if I only have a question or want more information about Commerce work?
General questions or requests for information are not typically Public Disclosure Requests. Commerce is not required to create new records, collect or analyze information, or conduct legal research under the Public Records Act. If you have general questions or would like more information about the Department of Commerce that you can’t locate from our website, please contact the main office by calling 360-725-4000.
When will I receive a response to my public disclosure request?
You will receive a response within five business days. We will respond in one of several ways:
- Provide the records (or a link to the portion of our website that contains the records).
- We may request clarification.
- If the documents are not readily available, we will provide a reasonable estimate of time that it will take us to produce the records.
- For some large requests, we may have to produce the records on a partial or installment basis. We will also provide the estimated timeframes for each incremental delivery as we work through your request.
- When legal exemptions apply, we may deny the request in whole or in part, either by withholding the requested records or redacting the documents, including an explanation of the denial.
Is there a fee?
There may be a fee for electronic records that are provided electronically. There is no fee for the in-person inspection of public records. We may charge 15 cents per page for paper copies of records or other actual costs associated with mailing or producing the records. For details regarding fees, please see the Commerce Public Disclosure Request Fee Schedule (PDF).