OFFICE OF ADMINISTRATIVE HEARINGS PUBLIC RECORDS EXEMPTION CODES

Code Statute/Legal Citation Exemption Brief Explanatory Description

OAH-1a RCW 5.60.060(2)(a) Attorney-Client Privilege Communication from client to attorney for the
purpose of obtaining legal advice.
OAH-1b RCW 5.60.060(2)(a) Attorney-Client Privilege Communication from attorney to client for the
purpose of providing legal advice.
OAH-1c RCW 5.60.060(2)(a) Attorney-Client Privilege Communication between attorney and client
regarding pending or potential litigation.
OAH-1d RCW 5.60.060(2)(a) Attorney-Client Privilege Communication between members of the client
agency for the purpose of gathering information
to obtain legal advice or to convey attorney-
client communications.
OAH-2 RCW 42.56.290 Agency Party to Controversy/ Work Product Drafts, notes, memoranda, statements, or
records that reveal factual or investigative
information, prepared, collected, or assembled
in litigation or in anticipation of litigation.
OAH-3 RCW 42.56.280 Deliberative Process Preliminary drafts, notes, or recommendations,
in which opinions are expressed or policies
formulated that have not been publicly cited in
connection with any agency action.
OAH-4a RCW 42.56.250(2) All applications for public employment, other than vacancies in Names of applicants for public employment.
elective offices, including the names of applicants, resumes, and
other related materials submitted with respect to an applicant
OAH-4b RCW 42.56.250(2) All applications for public employment, including the names of Materials submitted with respect to an applicant
applicants, resumes, and other related materials submitted with for public employment.
respect to an applicant
OAH-5a RCW 42.46.250(4) Residential addresses, residential telephone numbers, personal A public employee’s social security number,
wireless telephone numbers, personal email addresses, social security address, phone number, email address, or
numbers, driver's license numbers, identicard numbers, and driver’s license number in a personnel file or
emergency contact information of employees or volunteers of a public employment related record.
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.
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Last updated June 2020
Code Statute/Legal Citation Exemption Brief Explanatory Description
OAH-5b RCW 42.46.250(4) Residential addresses, residential telephone numbers, personal A public employee’s emergency contact
wireless telephone numbers, personal email addresses, social security information or dependent information, including
numbers, driver's license numbers, identicard numbers, and names and dates of birth of dependents in a
emergency contact information of employees or volunteers of a personnel or public employment related record.
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.
OAH-6a RCW 42.56.230(3) Personal information in files maintained for employees, appointees, A public employee’s personal information that
RCW 42.56.050 or elected officials of any public agency to the extent that disclosure would be highly offensive to a reasonable
would violate their right to privacy person if disclosed, and is not of legitimate
concern to the public.
OAH-6b RCW 42.56.230(3) Personal information in files maintained for employees, appointees, Routine performance evaluations of public
Dawson v. Daly, 120 or elected officials of any public agency to the extent that disclosure employees that do not contain specific instances
Wn.2d 782, 845 P.2d would violate their right to privacy of misconduct.
995 (1993);
OAH-7 RCW 42.56.250(6) Investigative records compiled by an employing agency in connection Names of complainants, accusers, and witnesses
with an investigation of a possible unfair practice under chapter 49.60 in closed employment investigation files.
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.

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Code Statute/Legal Citation Exemption Brief Explanatory Description
OAH-8 RCW 42.56.230(5) Credit card numbers, debit card numbers, electronic check numbers, Financial account information or personal
RCW 9.35.005 card expiration dates, social security numbers, bank or other financial identification numbers, including social security
information identified in RCW 9.35.005. Information in RCW 9.35.005 numbers and driver’s license numbers.
is information identifiable to an individual that concerns the amount
or conditions of an individual’s assets, liabilities or credit: account
numbers and balances; transactional information concerning an
account; codes, passwords, social security numbers, tax identification
numbers, driver’s license or permit numbers, state identicard
numbers issued by the Department of Licensing, and other
information held for the purpose of account access or transaction
initiation
OAH-9 RCW 42.56.420(4) Information regarding the public and private infrastructure and Access codes and passwords for secure software
security of computer and telecommunications networks, consisting of applications or other information that would
security passwords, security access codes and programs, access codes threaten the security of agency information
for secure software applications, security and service recovery plans, technology if disclosed.
security risk assessments, and security test results to the extent that
they identify specific system vulnerabilities, and other such
information the release of which may increase risk to the
confidentiality, integrity, or availability of security, information
technology infrastructure, or assets;
OAH-10 45 CFR §164.514(b)(2) Health Insurance Portability and Accountability Act (HIPAA) – Identifying information of individuals, or of
Requirements for de-identification of protected health information relatives, employers, or household members of
the individual from health care records is
exempt.

OAH-11 RCW 26.23.120(1) Any information or records concerning individuals who owe a support
obligation or for whom support enforcement services are being
provided which are obtained or maintained by the Washington state
support registry, the division of child support, or under chapter 74.20
RCW shall be private and confidential.
OAH-12 RCW 74.34.095(1) Vulnerable Adults - The following information is confidential and not
subject to disclosure, except as provided in this section:
(a) A report of abandonment, abuse, financial exploitation, or neglect
made under this chapter;
(b) The identity of the person making the report; and
(c) All files, reports, records, communications, and working papers
used or developed in the investigation or provision of protective
services.
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Identifying information of individuals and
records of child support hearings are exempt
from disclosure.
The identity of any person making a report or
other individuals involved in a report,
information contained in a file, report, record,
communication, or working paper used or
developed in the investigation or provision of
protective services is confidential .
Code Statute/Legal Citation Exemption Brief Explanatory Description
OAH-13 RCW 13.50.100 Child welfare records - Records covered by this section shall be Records retained or produced by a juvenile
confidential and shall be released only pursuant to this section and justice or care agency relating to the provision of
RCW 13.50.010. child welfare and child protective services,
personal history and information identifying
clients and individuals receiving child welfare
services is confidential and exempt from
production under the Public Records Act.
OAH-14 20 U.S.C. § 1232g; Family Educational Rights and Privacy Act (FERPA) Disclosure of personally identifiable information
34 CFR §99.31 from education records is prohibited.
RCW 42.56.230(1) Personal information in files for students in public schools, patients or
clients of public institutions or public health agencies, or welfare
programs.
OAH-15 7 CFR §272.1(c) Information obtained from food stamp applicants and recipients may Identifying information and records of food
only be disclosed for purposes connected with the program and as stamp recipients.
allowed by law.
OAH-16 RCW 42.56.230(4) Information required of any taxpayer in connection with the The nature, source, or amount of a taxpayer's
RCW 82.32.330(2) assessment or collection of any tax if the disclosure of the income, payments, receipts, deductions,
information to other persons would: (a) Be prohibited to such exemptions, credits, assets, liabilities, net worth,
persons by RCW 84.08.210, 82.32.330, 84.40.020, 84.40.340, or any tax liability deficiencies, overassessments, or tax
ordinance authorized under RCW 35.102.145; or (b) violate the payments.
taxpayer's right to privacy or result in unfair competitive
disadvantage to the taxpayer;

Returns and tax information are confidential and privileged, and

except as authorized by this section.
OAH-17 RCW 42.56.640 Sensitive personal information of vulnerable individuals and sensitive
personal information of in-home caregivers for vulnerable
populations is exempt from inspection and copying.
OAH-18 RCW 74.04.060(1)(a) For the protection of applicants and recipients, the contents of any
records, files, papers and communications are prohibited from
disclosure.
OAH-19 RCW 13.50.050(3) Records relating to the commission of juvenile offenses - All records
other than the official juvenile court file are confidential and may be
released only as provided in this chapter
Sensitive personal information includes names,
addresses, GPS coordinates, telephone
numbers, email addresses, social security
numbers, driver's license numbers, or other
personally identifying information.
Personal information revealing the identity and
information about applicants or recipients of
welfare assistance under Title 74 RCW.
Identifying information and records of a juvenile
offender or juvenile offender’s family.

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Code Statute/Legal Citation Exemption Brief Explanatory Description
OAH-20 RCW 70.02.230(1) Mental Health Services - the fact of admission to a provider for Information identifying an individual receiving
mental health services and all information and records compiled, mental health services.
obtained, or maintained in the course of providing mental health
services to either voluntary or involuntary recipients of services at
public or private agencies must be confidential.
OAH-21 RCW 10.97.050 Washington State Criminal Records Privacy Act – Restricted Criminal history record information that includes
information non-conviction data.
OAH-22 RCW 42.41.030(7) Whistleblower protection - The identity of a reporting employee shall Identity or identifying characteristics of a
be kept confidential to the extent possible under law, unless the whistleblower who in good faith has provided
employee authorizes the disclosure of his or her identity in writing. information in a whistleblower investigation is
confidential unless the employee has authorized
disclosure.
OAH-23 RCW 70.129.050 Long-term care facility residents have the right to personal privacy Identifying information, personal, and clinical
and confidentiality of his or her personal and clinical records. records of long term care residents are
confidential and may not be released outside
the long term care facility unless authorized by
the individual or as provided by law.

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