Type Complaint Opinion 
Date 8/21/2003 
Number 03-02 
Topic Confidential records - email - jurisdiction 
Respondent Sen. Pam Roach 
Question/Complaint
Under what circumstances will the Legislative Ethics Board entertain jurisdiction over a complaint alleging that a legislator or legislative employee has improperly disclosed or used a "confidential record?" RCW 42.52.010(6) and 42.52.050.
Summary
The Board will exercise jurisdiction in cases involving "confidential information" when it is alleged that such information was used or disclosed improperly.  Jurisdiction is further limited when the Board is asked, as it was here, to decide whether a record is a public record, a decision normally left to the courts on appeal from an agency decision.  The Board will not, generally, entertain claims of violation of "rights to privacy" because that concept is best suited for the courts to interpret pursuant to the Public Records Act.   Case dismissed on jurisdictional grounds.
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