Public records exemption for survivors of domestic violence, sexual abuse, stalking, or harassment

April 2024

Jill Satran, Team Lead
Ryan McCord, Audit Director | Eric Thomas, Legislative Auditor

The Public Records Act makes information available to the public

Washington’s Public Records Act requires state and local agencies to make records available to the public upon request. Since the Act’s creation in 1972, the Legislature has passed laws to exempt confidential, sensitive, or protected information from disclosure.

Information about survivors of domestic violence, sexual abuse, stalking, or harassment is exempt from disclosure

In 2023, the Legislature created an exemption to protect the safety of public employees and their dependents who are survivors of domestic violence, sexual assault or abuse, stalking, or harassment (ESHB 1533).

The law allows an agency to withhold certain information in an employee's personnel records. The employee must give one of the following documents to their agency director:

• A sworn statement that the employee is a survivor and has reason to believe the risk of harm is continuing. The statement must include the name of the perpetrator.
• Proof of participation in the address confidentiality program. This program offers a substitute mailing address that protects a victim’s location from abusers.

The exemption does not apply to public records requests from news media.

The 2023 Legislature also directed JLARC to assess the effects of the exemption and the news media exception.

This study will address the following questions

Study questions define the scope of the audit, based on the study mandate. They reflect preliminary outreach, research, and analysis of potential racial equity considerations per RCW 44.28.076.

1. How are public agencies implementing the exemption?
   • What are the characteristics, including race and ethnicity, of those whose data is protected by the exemption?
2. Has the exemption protected the personal information of affected public employees?
3. What effect, if any, has the exemption had on access to public records, including by the news media?

What's next

• Preliminary Report: May 2025
• Proposed Final Report: July 2025

Study team

Jill Satran, Team Lead, (360) 786-5679
Andrew Hatt, Project Research Analyst, (360) 786-5187