Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Police Dash Cam Footage Subject to Public Disclosure (with exceptions)

By Rita Latsinova on June 16, 2014
Email this postTweet this postLike this postShare this post on LinkedIn

In Fisher Broadcasting v. Seattle, five Supreme Court justices held that the Seattle Police Department  violated the Public Records Act (PRA) when it denied  a KOMO TV reporter’s request for “a list of any and all digital in-car video/audio recordings that have been tagged for retention” by officers, including “officer’s name, badge number, date, time and location when the video was tagged for retention.”    The SPD denied the request because it was “unable to query the system in the way [the KOMO reporter] requested.”   However, the SPD later granted a similar request by another party and produced logs of retained dashboard documents in their original Microsoft SQL Server format.

The Supreme Court majority noted that the PRA does require the responding party to mine data from two distinct systems and create a new document.  However, when the responder has the capacity to produce a partially responsive record, it has an obligation to do so.  The PRA defines “public record” broadly to include  “existing data compilations from which information may be obtained” “regardless of physical form or characteristics.”  RCW 42.56.010(4), (3).    Merely because information is in a database designed for a different purpose does not exempt it from disclosure.

In contrast, exemptions from the PRA are construed narrowly.   The SPD relied on Washington’s privacy act, RCW 9.73.090 (1)(c), which exempts “sound and video recordings  . . . by a law enforcement agency . . . until final disposition of any criminal or civil litigation which arises from the event . . . recorded.”   The Supreme Court held that this exemption is limited to cases where the recordings relate to actual, pending litigation.  The exemption is “simply the means  to an end . . . to avoid tainting pending litigation.”

Justice McCloud wrote a separate concurrence, stating her view that RCW 9.73.090 (1)(c) is not a privacy exemption that trumps the PRA disclosure mandate at all.  Rather, it bars the law enforcement agency from making unilateral “agency” determinations to release sound and video recordings before the conclusion of litigation in which the recordings might become evidence.

Photo of Rita Latsinova Rita Latsinova

Rita Latsinova is a partner practicing in Stoel Rives’ Litigation group. Her experience includes complex commercial litigation, constitutional law, class actions, international arbitration and general appellate practice in state and federal courts.

Read more about Rita LatsinovaEmail
  • Posted in:
    Government and Public Policy
  • Blog:
    Notice of Appeal
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo