ESHB 1533 (RCW 42.56.250) “Exempting the disclosure of certain information of agency employees or their dependents who are survivors of domestic violence, sexual assault, harassment, or stalking”, was signed into law on May 15, 2023. The HRMS Redaction Indicator definition and other resource materials are being updated to comply with new legal requirements.
The new law:
Exempts from disclosure under the Public Records Act personally identifying information of agency employees or their dependents who are survivors of domestic violence, sexual assault, harassment, or stalking if certain conditions are met and with exception as applied to the news media.
Requires the employee provide proof of participation in the ACP to their employing agency; or a sworn statement that must be renewed every two years.
The exemption does not apply to public records requests from the news media as defined in RCW 7 5.68.010(5).
The Attorney General’s Office has provided a template affidavit for employee sworn statements. The template is posted in the for agencies to download. Only HR professional staff have access to the portal, if you need a copy contact your HR Office for assistance.
Business process
Agencies should assess existing internal business process and modify as necessary for documenting the exemption of employee information from public disclosure.
Any documentation maintained by an agency to administer the exemption is confidential and may not be disclosed.
The director may verify the sworn statement by confirming that the sworn statement identifies the alleged perpetrator by name and, if possible, image or likeness, or by obtaining a copy of the policy report, protection order petition, or other documentation of the allegations.
Agencies are permitted to provide information to their employees on how to anonymize their work email address.
Agencies are responsible for internal tracking:
Distinguish those employees who meet the specific criteria of ESHB 1533 (RCW 42.56.250) from other uses of the redaction indicator.
Monitoring two-year time frame for employee sworn statements.
Update Redaction Indicator on the Personal Data (0002) as necessary.
For further guidance on implementation of ESHB 1533 (RCW 42.56.250), agencies should consult with their assigned counsel in the Attorney General’s Office.
Details to be aware of
The Redaction Indicator is a flag and will not automatically redact records.
The Redaction Indicator does not mean an employee’s information is categorically exempt under the Public Records Act.
OFM uses the Redaction Indicator to identify employee records that may need to be exempted from statewide employee data public record requests.
It is the agency’s responsibility to redact data from reports as necessary and as permitted by law.
Use of the Redaction Indicator indicates only that the agency should inquire further before releasing identifying information about an employee.
Each agency will need to determine on a case-by-case basis what information, if any, may be released, depending on the type of data request and the employee’s particular circumstances.
Agencies are responsible for internally tracking and distinguishing those employees who meet the specific criteria of ESHB 1533 (RCW 42.56.250) from other uses of the Redaction Indicator. For further guidance on implementation of ESHB 1533 (RCW 42.56.250), agencies should consult with their assigned counsel in the Attorney General’s Office.
HRMS F1Help will be updated soon to reflect the revised redaction indicator data definition.
For additional information on protecting employee information, refer to applicable laws and rules on data privacy, PII, Public Records Act, or consult with your public records officer and privacy officer.
