Domestic Security: Exemptions to Public Records Disclosure

1

• Domestic Security Exemptions to Public Records
  Disclosure
• Briefing on JLARC Analysis
• John Woolley

Joint Legislative Audit and Review Committee
June 16, 2004
2
Summary of Findings

• A 2002 law (SSB 6439, Chapter 335 Laws of 2002)
  added exemptions to public records disclosure
  related to domestic security issues.
• The effect of these additions on agency
  performance in responding to requests?
• Negligible workload impact
• Volume of covered requests and denials has been
  very low.
• Has added a layer of complexity.

3
Domestic Security Exemptions Added in 2002

• Public disclosure law requires records be
  available unless the information is specifically
  exempted.
• Exemptions specified in statute.
• Legislature added domestic security exemptions in
  2002.

4
Exemptions Defined as Portions of Records

• Related to prevention, mitigation, or response to
  criminal terrorist acts.
• Vulnerability assessments/deployment plans.
• Records not subject to disclosure under federal
  laws that are shared by federal or international
  agencies.
• National security briefing information related to
  domestic preparedness for acts of terrorism.
• Infrastructure and security of computer and
  telecommunications networks.

5
Terrorism Specifically Defined

• Terrorist acts defined acts that significantly
  disrupt the conduct of government or the general
  civilian population of the state or the United
  States and that manifest an extreme indifference
  to human life.

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Found a Negligible Impact
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Conclusion Negligible Impact but Some Added
Complexity

• Found negligible impact, but two agencies noted
  that the law has added a layer of complexity.
• Three other areas of note
• The A.G. guidance on SSB 6439 emphasis on
  disclosing.
• Pipelines security planning with Dept. of
  Homeland Security.
• Nationwide emphasis on preparing for terrorist
  attack may mean increase in information traffic.