Oliver v. Harborview Med. Center

30 Citing cases

  1. Lindeman v. Kelso Sch. Dist

    127 Wn. App. 526 (Wash. Ct. App. 2005)   Cited 4 times
    Declining to conclude that personal information implies private information because it would render other language in the PRA superfluous

    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."

  2. Dragonslayer v. Washington

    139 Wn. App. 433 (Wash. Ct. App. 2007)   Cited 14 times

    ¶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

  3. Nissen v. Pierce Cnty.

    183 Wn. 2d 863 (Wash. 2015)   Cited 96 times
    Concluding that records on private cell phones are subject to PRA because agencies "act only through their employee-agents" and therefore "a record that an agency employee prepares, owns, uses, or retains in the scope of employment is necessarily a record prepared, owned, used, or retained by" the agency

    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).

  4. Spokane Research v. City of Spokane

    155 Wn. 2d 89 (Wash. 2005)   Cited 144 times
    In Spokane Research & Def. Fund v. City of Spokane, 155 Wash.2d 89, 105, 117 P.3d 1117 (2005), we considered whether intervention was allowed in a PRA action.

    ¶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.

  5. T. Delong v. Inmate Parmalee

    157 Wn. App. 119 (Wash. Ct. App. 2010)   Cited 26 times
    Concerning documents requested by Mr. Parmelee while incarcerated at Clallam Bay Correctional Center

    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."

  6. Resident Action Council v. Seattle Hous. Auth.

    327 P.3d 600 (Wash. 2014)   Cited 4 times

    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.

  7. Resident Action Council v. Seattle Hous. Auth.

    177 Wn. 2d 417 (Wash. 2013)   Cited 81 times
    Stating that RCW 42.56.100 refers to rules and regulations

    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.

  8. Kilian v. Atkinson

    147 Wn. 2d 16 (Wash. 2002)   Cited 129 times
    Holding that statutes "must be construed so that all the language is given effect and no portion is rendered meaningless or superfluous"

    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.

  9. Confederated Tribes v. Johnson

    135 Wn. 2d 734 (Wash. 1998)   Cited 50 times
    Holding that gambling records obtained by state pursuant to tribal-state compacts were not exempt from disclosure under the terms of compacts or under public records act

    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).

  10. AGO

    AGO 1997 No. 2 (Ops. Wash. Atty. Gen. Mar. 13, 1997)

    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: