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AWC Home Page / Advocacy / News / Advocacy news

Advocacy

Published on Feb 17, 2025

Bill to improve the PRA protection against commercial use sees action

Contact: Candice Bock, Matt Doumit

A bill that clarifies and improves the Public Record Act’s (PRA) existing restriction on the use of certain records for commercial purposes is slated for action ahead of the February 21 policy committee cutoff deadline. AWC supports the bill.

HB 1964 is sponsored by Rep. Mary Fosse (D–Everett). The bill requires a person requesting a list of individuals under the PRA to sign a “declaration of noncommercial purpose” attesting under penalty of perjury that the list is not being requested for commercial purposes. The Attorney General’s Office is required to create a template for such declarations.

The PRA already prohibits requesters from requesting lists of individuals for commercial purposes. However, public agencies are generally restricted from asking requesters what the purpose of their request is for, except for inquiring about potential commercial use for lists. Washington Courts have decided that agencies have a duty to investigate the purpose of a request if they have an indication a list might be used for a commercial purpose. Agencies are pulled in two different directions – they are required to prevent lists from being used for commercial purposes, but they can only ask what the request is for if they already have an indication it might be for a commercial purpose.

AWC supports this bill to better enforce the current protections against using public records for commercial purposes, and taking cities out of the position of having ask for the purpose of a request. One minor amendment that AWC plans to suggest is to more clearly tie the new language on declarations of noncommercial purpose back to the section of the PRA that prohibits use of public records lists for commercial purposes – to maintain consistency within the PRA. Cities should testify or sign in support of the bill at its hearing this week.

 

Dates to remember

HB 1964 is scheduled for a hearing in the House State Government & Tribal Relations Committee on February 18 at 1:30 pm, and is scheduled for a committee vote on February 21 at 8 am.

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