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[Fwd: WA "Commercial Access" Bill] (fwd)


> 
> ["Commercial access" bill, fresh from the WA Leg.'s hopper....
>    RCW 42.17 is the WA public disclosure law. At least two sponsors
>    were members of a "Gov.'s Work Group on Commercial Access to
>    Govt.  Electronic Info.  pm]
> 
>         _______________________________________________
> >
> >                                    HOUSE BILL 1891
> >                    _______________________________________________
> >
> > State of Washington               55th Legislature             1997 Regular Session
> >
> > By Representatives Dyer, Wolfe and Butler
> >
> > Read first time 02/12/97.  Referred to Committee on Government
> > Administration.
> 
> >      AN ACT Relating to the commercial and business uses of government
> > records in electronic form; amending RCW 42.17.020, 42.17.255, and
> > 43.105.310; reenacting and amending RCW 42.17.260, 42.17.300, and
> > 42.17.310; and creating a new section.
> >
> > BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
> >
> >      {+ NEW SECTION. +}  Sec. 1.  The legislature recognizes that the
> > constant evolution of technology presents a challenge for state
> > agencies responsible for maintaining and releasing public records.
> > Digital technologies create a fundamental change in the nature of
> > records themselves, serving to expand the market for information, and
> > increase the demand for government records in electronic format for a
> > wide range of commercial purposes.  Some of the most valuable records
> > include personally identifiable information about citizens, such as
> > names, addresses, and social security numbers.  Commercial use of
> > personally identifiable information contained in electronic public
> > records raises new concerns about citizens' privacy in an electronic
> > era.  It is the intent of the legislature to protect citizens' privacy
> > by delineating between legitimate business use of government records
> > and inappropriate commercial use and providing disincentives against
> > inappropriate commercial use.  It is also the legislature's intent to
> > allow agencies to recover a reasonable share of the costs of providing
> > enhanced electronic access to government records by commercial
> > entities.  Furthermore, the legislature seeks to encourage public-
> > private sector cooperation in ways that further the public mission of
> > the state and to maintain and enhance public access to public
> > information for the purpose of encouraging and facilitating desirable
> > social and economic benefits.
> >
> >      Sec. 2.  RCW 42.17.020 and 1995 c 397 s 1 are each amended to read
> > as follows:
> 
> [....]
> >      (6) {+ "Business use" or "business purpose" means a use of
> > government-held information, including, but not limited to personally
> > identifiable information, authorized by the legislature, that is
> > required to meet regulatory requirements, conduct business in a safe
> > and legal manner, or to validate information provided by one party, and
> > shall not result in an unsolicited commercial contact to persons
> > identified in government records.
> 
> [....]
> 
> >      (({- (32) -})) {+ (35) "Personally identifiable information" means
> > information disclosed by an individual as a prerequisite to the receipt
> > of a license, approval, award, product, or service from a governmental
> > organization that the individual would not otherwise disclose to a
> > third party.  Such information may include, but is not limited to, the
> > name, address, telephone number, social security number, financial,
> > medical, biometric, or disability information, photographs or
> > fingerprints or computerized images thereof, and other records that a
> > person would not otherwise disclose to the general public.
> 
> [....]
> 
> >      (({- (36) -})) {+ (40) +} "Public record" includes any writing
> > containing information relating to the conduct of government or the
> > performance of any governmental or proprietary function prepared,
> > owned, used, or retained by any state or local agency regardless of
> > physical form or characteristics.  For the office of the secretary of
> > the senate and the office of the chief clerk of the house of
> > representatives, public records means legislative records as defined in
> > RCW 40.14.100 and also means the following:  All budget and financial
> > records; personnel leave, travel, and payroll records; records of
> > legislative sessions; reports submitted to the legislature; and any
> > other record designated a public record by any official action of the
> > senate or the house of representatives.
> 
> [....]
> 
> >
> >      Sec. 3.  RCW 42.17.255 and 1987 c 403 s 2 are each amended to read
> > as follows:
> >      {+ (1) +} 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) -})) {+ (a) +} Would be highly offensive to a
> > reasonable person, and (({- (2) -})) {+ (b) +} is not of legitimate
> > concern to the public.  The provisions of this chapter dealing with the
> > right to privacy in certain public records do not create any right of
> > privacy beyond those rights that are specified in this chapter as
> > express exemptions from the public's right to inspect, examine, or copy
> > public records.
> >      {+ (2) Information submitted to a government agency by a person
> > shall be used by that agency for the purpose for which it was
> > submitted.  However, the information may be disclosed to any other
> > government agency, including any court or law enforcement agency, in
> > carrying out its functions, or to any authorized agent acting on behalf
> > of a state, federal, or local agency in carrying out its functions.
> > Further, the information may be disclosed for business use and for any
> > activity otherwise provided by law. +}
> >
> >      Sec. 4.  RCW 42.17.260 and 1995 c 397 s 11 and 1995 c 341 s 1 are
> > each reenacted and amended to read as follows:
> 
> [....]
> 
> >      (6) A public record may be relied on, used, or cited as precedent
> > by an agency against a party other than an agency and it may be invoked
> > by the agency for any other purpose only if(({- - -})){+ : +}
> >      (a) It has been indexed in an index available to the public; or
> >      (b) Parties affected have timely notice (actual or constructive) of
> > the terms thereof.
> 
> [....]
> 
> >      (8) An agency need not calculate the actual per page cost or other
> > costs it charges for providing photocopies of public records if to do
> > so would be unduly burdensome, but in that event... established by the state agency or
> > local government for reviewing personally identifiable information, as
> > specified in subsection (1) of this section. +}
> >
> >                                      --- END ---