WWU Commonly Cited Exemptions

Exemption numbers, descriptions, and statutes
Number Exemption  Explanatory Description  Statute/Rule 
Student educational record  Federal law (Federal Educational Rights and Privacy) prohibits disclosure of information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. 
 
RCW 42.56.070(1);  RCW 42.56.230 (7)(a); 20 U.S.C. § 1232g;  34 CFR §99.31;  34 CFR §99.3 
Parent Personal information: name, address, home phone or personal mobile number, email address  Personal information for the family members or guardians of a student is exempt if the information would result in disclosure of the personal information of the student. Emergency contact information of family members or guardians is also exempt. Federal law prohibits disclosure of personally identifiable information from education records without the consent of  the student.  RCW 42.56.070(1); 20 U.S.C. § 1232g;  34 CFR §99.31 
Employee and/or Volunteer Personal Information  The residential addresses, personal telephone numbers, personal email addresses, social security numbers, driver's license numbers, identicard numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, telephone numbers, personal email addresses, social security numbers, and emergency contact information  of dependents.  RCW 42.56.250(4);  RCW 42.56.230(3);  RCW 42.56.050;   
Employee Performance Evaluation and/or Professional growth plans  Employee’s performance evaluations with no discussion of specific incidents of misconduct is presumed to be highly offensive and of no legitimate concern to the public and the disclosure would violate their right to privacy.  RCW 42.56.230(3)  RCW 42.56.250(3) 
Identity Information  Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver’s license or identicard.   RCW 42.56.230 (7)(a) 
Employee Right to Privacy  Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy. Information regarding misconduct is not exempt.  RCW 42.56.230(3);  RCW 42.56.050 
Employee Unsubstantiated Allegation of Misconduct  An unsubstantiated or false allegation relating to sexual misconduct is not an action taken by an employee during the course of performing public duties but a matter concerning the employee’s private life; disclosure would violate the right to privacy.  RCW 42.56.230(3) 
   8  Medical Records  Any health care records obtained from a health care provider utilized to determine compliance with state or federal licensure, certification or registration rules or laws, or to investigate unprofessional conduct or ability to practice with reasonable skill and safety are exempt.    Information regarding the medical condition or history of an employee or applicant shall be treated as confidential medical records. Records and documentation relating to certifications, recertifications, or medical histories of employees or employees’ family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files.  RCW 42.56.070(1)  RCW 70.02.005(4);  RCW 70.02.020(1);  RCW 42.56.360(2)  RCW 70.02.220(1);  RCW 70.02.230;  RCW 70.02.240;   
Test Information  Test questions, scoring keys, and other examination data used to administer a license, employment, or other academic examination. 
 
RCW 42.56.250(1) 
10  Applications for public employment  All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.  RCW 42.56.250(2) 
11  Discrimination complainant  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  RCW 42.656.250(5) 
12  Employment investigation  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.  RCW 42.56.250(6) 
13  Religious Affiliation  All records that relate to or contain personally identifying information about an individual's religious beliefs, practices, or affiliation are exempt from disclosure.  RCW 42.56.235 
14  Investigative, law enforcement, and crime victims    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. 
 
RCW 42.56.240(2) 
15  Body worn camera recordings  Body worn camera recordings to the extent nondisclosure is essential for the protection of any person's right to privacy as described in RCW 42.56.050, including, but not limited to, the circumstances enumerated in (a) of this subsection.  RCW 42.56.240(14) 
16  Identity of Witnesses or Victim  Information revealing the identity of child victims of sexual assault who are under age eighteen. Identifying information means the child victim's name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship.  between the child and the alleged perpetrator. 
 
RCW 42.56.240(5) 
17  Medical Records  Any health care records obtained from a health care provider utilized to determine compliance with state or federal licensure, certification or registration rules or laws, or to investigate unprofessional conduct or ability to practice with reasonable skill and safety are exempt.    Information regarding the medical condition or history of an employee or applicant shall be treated as confidential medical records. Records and documentation relating to certifications, recertifications, or medical histories of employees or employees’ family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files. 
 
RCW 42.56.070(1)  RCW 70.02.005(4);  RCW 70.02.020(1);  RCW 42.56.360(2)  RCW 70.02.220(1);  RCW 70.02.230;  RCW 70.02.240;   
18  Taxes  Taxpayer identity means the taxpayer's name, address, telephone number, registration number, or any combination thereof, or any other information disclosing the identity of the taxpayer. Returns and tax information are confidential and privileged.   RCW 42.56.070(1);  RCW 82.32.330;  RCW 42.56.210(1);  RCW 84.08.210