Wash. Rev. Code § 42.48.020

Access to personal records

Individuals, or their legal representatives, may authorize, in writing, a state agency to disclose records containing their individually identifiable information for research purposes.

State agencies may disclose such personal information for research purposes with an individual’s consent if (1) a research review board determines that the disclosure request has scientific merit, failure to disclose will inhibit the research, the risks associated with disclosure have been minimized, and the benefits of disclosure outweigh the risks of disclosure; (2) disclosure complies with federal laws and regulations; and (3) the stage agency enters into a confidentiality agreement with the entity conducting the research.

A confidentiality agreement between a state agency and research entity must contain: (1) specific confidentiality safeguards; (2) prohibitions on including identifying information in research reports or publications; (3) a promise that the researching entity will destroy all identifying information at the conclusion of the research and provide the agency with notification of the destruction; and (4) a prohibition on further disclose of the identifying information, except for disclosure pursuant to 42.48.040.The research professionals that will have access to the identifying information and the agency official that authorizes the disclosure must sign the agreement.