EXECUTIVE
ORDER EO 97-01
ACCESS
TO GOVERNMENT ELECTRONIC RECORDS
FOR
COMMERCIAL PURPOSES
WHEREAS, The constant evolution
of technology presents a challenge for state agencies responsible for
maintaining and releasing public records, especially in light of ever
increasing demands for government records in electronic format for a wide range
of commercial purposes; and
WHEREAS, Commercial use of
personally identifiable information contained in electronic public records
raises-new concerns for individual privacy; and
WHEREAS, in recognition of
these growing concerns and the unique responsibility of government of balancing
individual protection and broad public access, in vetoing House Bills 2604 and
2790 upon the close of the 1996 Legislative Session, I created a joint
Executive-Legislative Work Group on Access to Government Electronic Records;
and
WHEREAS, I called on the Work
Group to examine current practices and policies with a view toward bringing
consistency to the circumstances under which the state releases government
records for commercial or business purposes; and
WHEREAS, the Work Group held a
series of public meetings to consider, discuss, and take public testimony on a
number of issues related to commercial access to government records; and
WHEREAS, on December 9th, 1996, the Work Group presented its final report of findings and
recommendations, including asking that the Governor issue an executive order
instructing state agencies to adhere to a model contract for the release of
information for commercial purposes; and
WHEREAS, the use of a contract in such instances
serves to advance the legitimate use of government-held information for
the benefit of the state and the public while protecting personally identifying
information and other data from inappropriate or unwarranted dissemination or
intrusion; and
WHEREAS, the use of such
contracts in no way hampers or complicates access by the public or media to
public records otherwise available for inspection and disclosure.
NOW THEREFORE, I, Mike Lowry, by virtue
of the power vested in me as Governor of the State of Washington, hereby order
and direct:
1. All
state agencies, unless otherwise directed, specified or prohibited by 42.17 RCW
or other state statutes, shall allow otherwise appropriate access to public
records for commercial purposes only through means of a contractual agreement
between the agency and the entity requesting such access (Contractor).
2. Such
agreements for access to public records for commercial purposes shall require,
at a minimum, the following limitations provided herein as a general. guide to
be specifically crafted by each agency as necessary and appropriate for
individual legal and contractual requirements:
A. The Contractor shall use the
information provided by the Agency only in connection with the use for which
the information was initially sought by the Contractor and approved by the
Agency;
B. The Contractor agrees to protect the
confidentiality of the information to which access has been provided under the
agreement;
C. The Contractor, or any employee or
agent of the Contractor, shall not furnish in any form, to any person,
corporation, partnership, association, or organization, a copy of any
information, in whole or in part, provided by the Agency, without the express
written consent of the Agency for the specific provision of the information for
a specific purpose;
D. The Contractor shall adhere to any
current or subsequently amended statutory or administrative rules regulating
privacy or confidentiality relating to the information provided by the agency;
E. Any exceptions, revisions or waivers
to these limitations requested by the Contractor must be approved in writing by
the Agency and received by the Contractor prior to the requested use or of the
information which is otherwise limited;
F. No name or address of any individual
furnished by the Agency to the Contractor shall be published or otherwise
disclosed by the Contractor in any manner not otherwise approved by the Agency;
G. The Contractor, or any officer, employee
or agent of the Contractor, shall not furnish in any form, to any person,
corporation, partnership, association, or organization, any of the individual
name, address, or otherwise identifying information provided by the agency
under the agreement for the purpose of making unsolicited commercial contact
with the individuals named or otherwise identified, unless specifically
approved, in writing, by the agency;
H. The Contractor agrees that the
Agency may provide "control" or "salted" data as a portion
of provided information as a means to ensure that any personally identifiable
information is utilized only for the specific purposes allowed under the terms
of the agreement;
I. The Contractor shall not gain any
proprietary right to or interest in any information provided by the Agency and
shall not assign their interest in the agreement or any portion thereof to any
person, corporation, partnership, association, or organization of any kind;
J. The Contractor accepts full
responsibility and liability for any violations of the agreement by the
Contractor or any officer, employee or agent of the Contractor and any such
violation shall result in immediate termination by the Agency of all
information provision to the Contractor or any officer, employee or agent of
the Contractor in any form and immediate forfeiture to the Agency of any Agency
provided information, in any form, held by the Contractor or any officer,
employee or agent of the Contractor; and
K. The Agency reserves additional
unrestricted financial remedies, on a per-record basis, for any violation
of the agreement by the Contractor or any officer, employee or agent of the
Contractor, in addition to any penalty allowed under state law.
3. This
Order is meant to be prospective in its application and takes effect
immediately.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused
the seal of the State
of Washington to be
affixed at Olympia
this 15th day of
January A.D., Nineteen hundred and ninety-seven.
MIKE LOWRY
Governor of Washington
BY THE GOVERNOR:
_________________________________
Secretary of State
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