Ethics in Public Service Act
RCW 42.52.050
Confidential Information
Washington State Executive Ethics Board
PO Box 40149
Olympia WA 98504
(360) 664-0871 [email protected]
RCW 42.52.050, Confidential information- improperly concealed records, states:
(1) No state officer or state employee may accept employment or engage in any business or
professional activity that the officer or employee might reasonably expect would require or
induce him or her to make an unauthorized disclosure of confidential information acquired
by the official or employee by reason of the official's or employee's official position.
(2) No state officer or state employee may make a disclosure of confidential information
gained by reason of the officer's or employee's official position or otherwise use the information
for his or her personal gain or benefit or the gain or benefit of another, unless the disclosure has
been authorized by statute or by the terms of a contract involving (a) the state officer's or state
employee's agency and (b) the person or persons who have authority to waive the confidentiality
of the information.
(3) No state officer or state employee may disclose confidential information to any person not
entitled or authorized to receive the information.
(4) No state officer or state employee may intentionally conceal a record if the officer or
employee knew the record was required to be released under chapter 42.56 RCW, was under a
personal obligation to release the record, and failed to do so
What does this mean?
No state employee may disclose confidential information gained through their job, or otherwise use
confidential information for personal gain or benefit.
What is “confidential information”?
Information that is confidential is not releasable upon public demand such as:
• Personal information in employee, appointees or elected officials files that, if disclosed,
would violate that person’s right to privacy.
• Test questions, scoring keys, and other examination data used to administer a license,
employment, or academic examination.
• All applications for public employment or contracting, including the names of the
applicants, resumes, and other related materials.
• The residential addresses and residential telephone numbers of employees or volunteers of a
state agency which are held in personnel records, employment or volunteer rosters, or
mailing lists.
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It is important to know four main points about the information you may work with in your official
position:
1. You may not accept any employment or engage in any business or activity where you might
reasonably be expected to, required or persuaded to make an unauthorized disclosure of
confidential information.
2. You may not make a disclosure of confidential information or use that information for your
personal gain or benefit or to benefit another.
3. You may not intentionally conceal a record if 1) it is considered a public record (e-mail, voice-
mail, Internet usage, and fax records included), 2) you were directly asked to release the
information, then 3) failed to do so.
4. You are not in an ethical violation if the decision to withhold the public record was made in
good faith. If the mistake is found, you then need to send the missing information as soon as
possible.
Scenarios
1. Your agency receives a subpoena for a group of personnel records. One of the public
documents has a handwritten sticky note containing some potentially damaging
information. James provides copies of all typed documents and omits the sticky note on the
theory that it might have been added later and its author is undetermined. Is this is a
violation?
2. Sammy works in your agency’s purchasing department and takes care of billing for office
supplies. He thinks that his agency is paying an unreasonable amount for paper, so he
makes copies of the billing for his wife who works for a paper company and offers to provide
superior products at a lesser cost. Is this is a violation?
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