Because the language differences between subsections (1)(a) and (b) suggest that a different test should apply and because we did not reach this issue in Citizens, Citizens is not instructive here. ¶23 In Oliver v. Harborview Medical Center, 94 Wn.2d 559, 618 P.2d 76 (1980), a patient requested her hospital records under the PDA. The hospital argued that they were exempt under RCW 42.17.310(1)(a) and (i) and that disclosure of the records would "inhibit full professional statements about patients and render care less helpful."
¶16 The determination of whether a document is a "public record" is critical for the PDA's purposes because the act applies only to public records. Oliver v. Harborview Med. Ctr., 94 Wn.2d 559, 564 n. 1, 618 P.2d 76 (1980); Smith v. Okanogan County, 100 Wn. App. 7, 11, 994 P.2d 857 (2000). A "public record" is
Id. at 748, 958 P.2d 260. ¶ 25 We adopted a similarly broad interpretation in Oliver v. Harborview Med. Ctr., 94 Wash.2d 559, 618 P.2d 76 (1980), which involved medical records of patients hospitalized at a state-owned facility. The records there unquestionably related to individual patients and did not explicitly discuss government operations, but we still held that the records “relat[ed] to the conduct of government” under RCW 42.56.010(3).
¶26 In Oliver v. Harborview Medical Center, 94 Wn.2d 559, 618 P.2d 76 (1980), a patient sued to obtain her medical records, which the hospital was withholding from her. The hospital changed its policy and disclosed the records to her, and then claimed the suit was moot.
As a result, the determination of whether a document is a "public record" is critical for purposes of the PRA. Oliver v. Harborview Med. Ctr., 94 Wn.2d 559, 565 n. 1, 618 P.2d 76 (1980). The PRA defines "public record" as "[(1)] any writing [(2)] containing information relating to the conduct of government or the performance of any governmental or proprietary function [(3)] prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics."
Finally, even records that are otherwise exempt may be inspected or copied if a court finds “that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.” RCW 42.56.210(2); see Oliver v. Harborview Med. Ctr., 94 Wash.2d 559, 567–68, 618 P.2d 76 (1980) (burden shifts to the party seeking disclosure to establish exemption is clearly unnecessary). ¶ 17 The PRA contains numerous information and record exemptions developed over time and narrowly tailored to specific situations in which privacy rights or vital governmental interests require protection.
Finally, even records that are otherwise exempt may be inspected or copied if a court finds “that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.” RCW 42.56.210(2); see Oliver v. Harborview Med. Ctr., 94 Wash.2d 559, 567–68, 618 P.2d 76 (1980) (burden shifts to the party seeking disclosure to establish exemption is clearly unnecessary). ¶ 17 The PRA contains numerous information and record exemptions developed over time and narrowly tailored to specific situations in which privacy rights or vital governmental interests require protection.
That a statutory cause of action for age discrimination is available only under RCW 49.44.090 and RCW 49.60.180 is further supported by the language in RCW 49.60.205, which provides that: Oliver v. Harborview Med. Ctr., 94 Wn.2d 559, 565, 618 P.2d 76 (1980). No person shall be considered to have committed an unfair practice on the basis of age discrimination unless the practice violates RCW 49.44.090.
RCW 42.17.020(36). See also Oliver v. Harborview Med. Ctr., 94 Wn.2d 559, 565, 618 P.2d 76, 26 A.L.R.4TH 692 (1980).
The Public Records Act contains a three-part test for determining whether a document is a public record. Oliver v. Harborview Med. Ctr., 94 Wn.2d 559, 565, 618 P.2d 76 (1980). RCW 42.17.020(36) defines a "public record" as: