DESCRIPTION OF REQUESTED RECORD
FEES: South W hidbey Fire/EMS does not currently charge a fee to fulfill public record requests unless they are extensive and time consuming. (RCW 42.56.120) Pursuant to the provisions of RCW 42.56.070 (8), I certify the record or information requested will not be used for commercial purposes. (Declaration of Commercial Purposes must accompany all requests)
Declaration Regarding Commercial Purposes (Must accompany all public records requests)
AUTHORITY: (RCW 42.56.070(8); 40.14; Washington State, Office of the Attorney General, Chapter 1, Public Records Act – General and Procedural Provisions 1.6 (A))
1. W ashington State Law, 42.56.070(8), which states in part “This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes...”
2. Washington State Office of the Attorney General: Open Government Resource Manual, Item 1.6 (A) states in part: “A person making a public records request is not required to give a reason for the request, unless the request is for lists of individuals. Dawson v. Daly (1993); Yacobellis v. City of Bellingham (1992). An agency may ask if a request for “lists of individuals” is “for commercial purposes." RCW 42.56.070(9). See also 1988 Att’y Gen. Op. No. 12 (access to list of individuals may be conditioned upon non-commercial use). The limitation on commercial-use requests has three elements: (1) “list of individuals,” (2) for a “commercial purpose,” and (3) disclosure is not “specifically authorized or directed by law.” The word "individuals" refers to "natural persons - as opposed to business entities, committees, or groups." 1975 Att’y Gen. Op. No. 15. A “list of individuals” can have other fields in it (such as addresses) and still be a “list of individuals.” 1980 Att’y Gen. Op. No. 1. “Commercial purpose” has its ordinary meaning and includes a business activity by any form of business enterprise intended to generate profits, revenue or financial benefit. SEIU Healthcare 775NW v. State (2016) (interpreting what is a commercial purpose). An agency has an obligation to avoid disclosing lists of individuals for commercial purposes and may require a requester to sign a declaration describing the purpose of the request and stating that he or she will not use records listing individuals for a commercial purpose. Merely requiring the requester to affirm the request is not made for commercial purpose may not be enough depending on the circumstances and the agency may have an obligation to investigate depending on the nature of the request. Id; . see also 1988 Att’y Gen. Op. No. 12.
I hereby declare, under penalty of perjury under the laws of the State of Washington:
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