[No. 42972-1-II. Division Two. September 4, 2013.]
William J. Crittenden, for appellant.
Matthew S. Kaser, City Attorney, for respondent.
Michele Lynn Earl-Hubbard on behalf of Allied Daily Newspapers of Washington, Washington Newspaper Publishers Association, and Washington Coalition for Open Government, amici curiae. AUTHOR: Christine Quinn-Brintnall, J. We concur: J. Robin Hunt, J., Jill M Johanson, A.C.J.Christine Quinn-Brintnall
FACTS [U]nless you have notified the City - in writing - by the close of business on December 21, 2007, that its responses satisfy your requests, the City is prepared to take appropriate legal action to determine that it has fully complied with each of these requests. Of course, if you believe that the City's redactions and/or withholding of documents to be in error, we ask that you advise the City (again, in writing) of the grounds for which you believe the City's decisions to be in error so that we may reevaluate our decisions in light of your stated concerns. CP at 77. In the records pertaining to the Tacoma police officer's arrest, the City redacted the Tacoma police officer's driver's license number. In the records pertaining to the Fife accident, the City redacted the "driver's license numbers . . . of (1) the involved officer; (2) the alleged victim; and (3) the listed eyewitnesses." CP at 76. ANALYSIS [1] [2] [The Lakewood police detective's] Driver's License number has been redacted pursuant to RCW 46.52.120 and RCW 46.52.130. . . . . . . . The City has redacted the dates of birth, driver's license numbers and social security numbers of (1) the involved officer; (2) the alleged victim; and (3) the listed eyewitnesses [in the Fife collision records]. These redactions are made pursuant to RCW 42.56.050, RCW 42.56.240, RCW 46.52.120, and RCW 46.52.130. . . . . . . . The driver's license number of Michael Justice has been redacted pursuant to RCW 42.56.050, 46.52.120, and 46.52.130. CP at 75-76. The City did no more than identify the information that was withheld and cite the statutes that it believed exempted the information. The City's response violated the brief explanation requirement in RCW 42.56.210(3). Sanders, 169 Wn.2d at 845-46; RCW 42.56.210(3). [3-5] Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record or the right to receive a response to a public record request within a reasonable amount of time shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. In addition, it shall be within the discretion of the court to award such person an amount not less than five dollars and not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record. Our Supreme Court recognized the difference between costs and attorney fees referenced in the statute's first sentence and penalties referenced in the second sentence. Sanders, 169 Wn.2d at 860. A prevailing party is entitled to costs and attorney fees "for vindicating 'the right to inspect or copy' or 'the right to receive a response.'" Sanders, 169 Wn.2d at 860 (emphasis added) (quoting RCW 42.56.550(4)). The legislature has acknowledged that disclosure of such personal identifying information can be harmful to private citizens. See ch. 9.35 RCW. In other statutes, the legislature has recognized that driver's license numbers are personal identifying information needing protection from public disclosure to guard against harm to private citizens, such as identity theft. See, e.g., RCW 42.56.590(5)(b), (6); RCW 19.215.005. However, it has not yet expressly provided a specific provision for the exemption of personal identifying information in the PRA. The PRA exists to ensure government transparency and accountability. RCW 42.56.030. Allowing the release of a private citizen's personal identifying information exposes private citizens to the risk of harm such as identity theft without furthering this purpose. See Tacoma Pub. Library, 90 Wn. App. at 221-22 (disclosure of personal identifying information can be highly offensive because it "could lead to public scrutiny of individuals concerning information unrelated to any governmental operation"). The legislature has expressed obvious concern over the release of personal identifying information and recognized that the release of personal identifying information serves no legitimate purpose under the PRA. Accordingly, we believe that the failure to include an express PRA exemption that impedes the crime of identity theft and protects the release of personal identifying information appears to be an unfortunate oversight, but that it is up to the legislature, not the courts, to address.» JOHANSON, A.C.J., and HUNT, J., concur.