Scholarly communications/PRA

AN ACT Relating to exempting certain scholarly communications 1
from disclosure under the public records act; adding a new section to 2
chapter 42.56 RCW; and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. (1) The legislature finds that:5
(a) In the course of their professional duties, faculty are asked 6
and expected to provide candid advice or recommendations in a number 7
of settings. These include peer reviews of articles or book 8
manuscripts submitted to journal editors or scholarly presses and 9
critiques of research proposals submitted to federal or other 10
research funding agencies. Faculty also commonly work with research 11
subjects who may provide various kinds of sensitive information. 12
Academic inquiry and endeavors are also promoted when development of 13
manuscripts, codes, and research analyses may be done without 14
disclosure prior to patenting or copyrighting, public dissemination, 15
or publication. 16
(b) In each of the above settings, a promise of confidentiality 17
encourages faculty, students, and research subjects to be frank 18
participants in processes integral to the academic enterprise. 19
Confidential review processes undergird academic integrity; the 20
H-1246.1
HOUSE BILL 1949
State of Washington 69th Legislature 2025 Regular Session
By Representatives Pollet, Springer, Reed, Parshley, Salahuddin,
Macri, and Doglio
Read first time 02/11/25. Referred to Committee on State Government
& Tribal Relations.
p. 1 HB 1949
academic freedom offered to scholars in turn hinges on accountability 1
in the form of confidential peer review. 2
(c) In addition to the aforementioned activities, faculty, 3
research staff, and students engage in the production of intellectual 4
property, including instructional materials such as lecture notes, 5
research materials including data, methodologies, and draft works in 6
progress. In many cases faculty operate in competitive settings where 7
there is an advantage to be gained from being the first to report a 8
finding, or the first to develop innovative instructional materials.9
(2) The legislature intends to narrowly amend the public records 10
act to recognize the state's interest in fostering academic settings 11
where faculty, staff, and students may innovate without the concern 12
of having unpublished materials released, and where promises of 13
confidentiality offered by journal editors, scholarly presses, 14
funding agencies, investigators working with research subjects, and 15
institutions of higher education themselves are fully recognized and 16
respected in law. 17
NEW SECTION. Sec. 2. A new section is added to chapter 42.56 18
RCW to read as follows: 19
(1) The following are exempt from public inspection and copying 20
under this chapter: 21
(a) The identity of a human subject if the informed consent 22
protocol for the research study had guaranteed confidentiality of 23
records identifying that subject; 24
(b) The following records only as they relate to peer reviews of 25
scholarly manuscripts and research proposals: Materials provided to 26
reviewers for the purpose of such peer reviews, evaluations by peer 27
reviewers, and correspondence between the reviewer and the review 28
requester to the extent such correspondence would reveal the 29
reviewer's identity; and 30
(c) Data, computer code, or draft manuscripts created in the 31
conduct of research studies until such data, code, or draft 32
manuscripts have been publicly disseminated, published, copyrighted, 33
or patented. 34
(2) As used in this section: 35
(a) "Human subject" has the meaning defined in 45 C.F.R. Sec. 36
46.102, as it existed February 1, 2025. 37
p. 2 HB 1949
(b) "Research" has the meaning defined in 45 C.F.R. Sec. 46.102, 1
as it existed February 1, 2025. 2
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p. 3 HB 1949