COMMERCIAL PURPOSE DECLARATION Public Records

Declaration on Commercial Purposes (2019) - Page 1

SAMPLE TEMPLATE – Not Legal Advice or a Legal Opinion – Revisions May be Appropriate

Based on a Particular PRA Request - Consult with Your Agency’s Attorney if You Have Questions

[Name of Agency or Letterhead]

Re: Public Records Request [PRR # or PRR date/Requester name or other request ID]

COMMERCIAL PURPOSE DECLARATION

Public Records Requests under RCW 42.56 for Lists of Individuals

You or your organization or business has requested a list of individuals from a public agency.

The Washington State Public Records Act (PRA) at RCW 42.56.070(8) directs that:

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, and agencies, the office of the secretary of the senate,

and the office of the chief clerk of the house of representatives shall not do so

unless specifically authorized or directed by law: PROVIDED, HOWEVER,

That lists of applicants for professional licenses and of professional licensees

shall be made available to those professional associations or educational

organizations recognized by their professional licensing or examination board,

upon payment of a reasonable charge therefor: PROVIDED FURTHER, That

such recognition may be refused only for a good cause pursuant to a hearing

under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

The PRA at RCW 42.56.080 authorizes agencies to require a requester to provide information

as to the purpose of a request “to establish whether inspection and copying would violate RCW

42.56.070(8).”

The Washington State Court of Appeals ruled that in responding to a public records request that

includes a list of individuals, an agency must investigate if that list might be used for

commercial purposes, in order to comply with the obligations of RCW 42.56.070(8). SEIU

Healthcare 775NW v. State, 193 Wn. App. 377, 377 P.3d 214 (2016). The Court also ruled that

information to be provided by a requester to an agency includes the purpose of the request, the

identity of the requester, the nature of the records requested, and other information necessary

to determine if the list of individuals can be provided under RCW 42.56.070(8).

Instructions:

In order to ensure compliance with this obligation please complete the declaration on the

reverse of this form and return it to the Public Records Officer. If our agency does not

receive a completed declaration, we will be unable to process your request for the list and the

request for the list will be administratively closed. If we have questions for you after you

complete the declaration, we will contact you. Therefore, make sure you also provide contact

information at the bottom of the declaration.

➢ Return this completed declaration form (both sides) to the Public Records Officer

or other designated person at: Insert address

This declaration is a public record.

Declaration on Commercial Purposes (2019) - Page 2

DECLARATION UNDER PENALTY OF PERJURY

1. I have requested a list of individuals from [name of agency].

2. I am requesting the list of individuals on behalf of (specify which one applies):

_____ My Own Personal Behalf (skip to 3.)

_____ Organization or Business (complete a. – d. before proceeding to 3.)

a. If an organization or business, the name of the organization or business is:

b. If an organization or business, the purpose of the organization or business is:

c. If an organization or business, the mailing address and website address are:

d. If an organization or business, (i) it is a professional association or educational organization

recognized by the professional licensing or examination board, and (ii) the request is for a list of

applicants for professional licenses and of professional licensees of the subject area of the

association or organization: _____ Yes _____ No

3. The purpose in making this request for the list of individuals is:

4. I or the organization/business intend to generate revenue or financial benefit from using the list of

individuals: _____ Yes _____ No

5. I or the organization/business intend to solicit money or financial support from any of the individuals

on the list: _____ Yes _____ No

6. I or the organization/business intend to make individuals on the list aware of business commercial

entities, business/financial enterprises or business/financial opportunities: _____ Yes _____ No

7. I or the organization/business intend to supply or sell the list of individuals to any organization or

business, third party individual (someone other than myself or the organization or business listed in

paragraph 2), or any other entity: _____ Yes _____ No

> If yes, to whom:

8. I or my organization/business attest that another law authorizes or directs the agency to provide me or

my organization/business the list of individuals requested: _____ Yes _____ No

> If yes, provide specific citation:

I certify under penalty of perjury under the laws of the State of Washington that the foregoing is

true and correct. I certify under penalty of perjury that I have read the first page of this

declaration form and I understand that a list of individuals cannot be provided to me or to my

organization or business by a public agency if the list will be used for a commercial purpose. I

certify under penalty of perjury that any list of individuals I or my organization or business

receive pursuant to request [#/date/name_______] to the [name of agency] will not be used for any

commercial purpose in violation of RCW 42.56.070(8).

DATED this ______________of _____________, _____in __________________________________.

(Day) (Month) (Year) (City, State)

Signature of Declarant

Print Name

Declarant’s Title (if any):

Declarant’s Contact Information (Phone or email, or both):