DOC to Seek Public Input in Development of New Electronic Disclosure Rules

FOR IMMEDIATE RELEASE November 27, 2007

OLYMPIA--The Department of Corrections (DOC) today announced it will seek public input to help develop new rules covering the release of public records requested in electronic formats.

The rules will reflect DOC’s commitment to public disclosure and Governor Chris Gregoire’s September 18, 2007 directive that state agencies provide records electronically whenever possible. DOC has made certain records electronically available since March.

“We’re committed to open government and accessible public records,” said Interim DOC Secretary Eldon Vail. “In fact, the Department of Corrections faces unique challenges in maintaining an open-records system. Rather than shrink from that challenge, this agency is eager to be among the first to pursue specific rules guiding electronic disclosure.”

Nearly three-quarters of all public records requests received by DOC are submitted by offenders. Such requests often involve prison-security considerations, as well as privacy and personal-safety concerns for the Department and its employees.

In developing its own rules on electronic disclosure, DOC will be assisted by the Office of the Attorney General and will follow established state rule making procedures, including public forums. Specific dates have not been set, but preliminary forums are expected to be scheduled in late January 2008.

Recognizing the growing number of documents that are created electronically rather than on paper, DOC earlier this year began providing documents electronically when they already exist in that format and do not require deletions prior to release. At the Governor’s direction, DOC and other state agencies are working with the Department of Information Services to enhance agencies’ ability to provide documents electronically.

DOC’s decision to develop specific rules governing electronic disclosure follows a formal request by two statewide news media associations asking the agency to adopt “model rules” on electronic disclosure proposed by the Attorney General’s Office.

In response to the request from Allied Daily Newspapers of Washington and the Washington Newspaper Publishers Association, DOC said it will instead develop rules that meet the spirit of the Public Disclosure Act and the Governor’s directive but that are specific, achievable, and meaningful to the agency and the citizens who request the department’s records.

DOC’s response to the two news media organizations cited “unique circumstances” the Department faces that must be adequately addressed in rules governing public disclosure. Those circumstances include the availability of technology required to electronically edit documents that may contain non-disclosable information, and the volume of public records requested by offenders under DOC jurisdiction.

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Contact: Gary Larson, Communications Director, 360-725-8803

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