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A challenging question regarding mail privacy.

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FranEgostein

Junior Member
What is the name of your state (only U.S. law)? Washington State

I recently received a letter in the mail from my local County Health District (with the proper letterhead) which explained that I am in violation of local and state regulations for not having a permit for a septic system and further requiring me to file an application for a permit. The letter also stated that a complaint was made to them and that their investigation showed that I lacked the necessary permit. (I know this someone who made the complaint: the person lives several states away). I have since been doing everything to be compliant.

The letter was not a generated letter but personal, directed to me, and signed by the local Environmental Health Specialist.

The letter contained:
My name.
Address.
Property description, location and Parcel#.
It also cited a large amount of money that must be paid by a certain date as a "Violation Fee".

I found out that the letter was copied by the County Health District and sent to the individual who made the complaint. (This individual in return affixed the letter to a declaration to use for disparaging reasons in a civil court matter before I even got the letter in the mail.)

I realize that permits, plot #s, property tax and such are a matter of public record. I have done an exhausting search in the RCW and Federal laws and cannot find the answer to my question.

My question is....

Is the letter itself, containing such information as described, then given to another private party by the County Health District: a violation of privacy, or confidentiality, or a violation of anything?

It is not my intent to sue but rather make sure that the violation, if one exists, be taken care of.

Any reference to any laws, statutes, or any kind of input would be greatly appreciated.
 


CdwJava

Senior Member
Check subsection (3)(f) ... it addresses correspondence.

http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56.070

In short, the correspondence to you may well be considered a matter of public record. Additionally, if any criminal conduct is alleged, a citation has been issued, or a criminal case initiated, that information is also almost certainly public record as well.

Unless they offered up some serious personally identifying information otherwise prohibited by law, I would think that this notice is likely a matter of public record.
 

FranEgostein

Junior Member
Thank you for your reply. I reviewed your reference and did a lot more research and still cannot find anything SOLID.

How might I proceed to take this into court to be heard and determined whether there is some sort of violation or not? Could I possibly argue the fact that the "Violation Fee" is a debt and treat it as a breach of confidentiality according to the same rules governing debt collection agencies which prohibits such information from being disseminated to the public? Or would that be too much of a stretch?

HHmmmm.
 

Zigner

Senior Member, Non-Attorney
Thank you for your reply. I reviewed your reference and did a lot more research and still cannot find anything SOLID.

How might I proceed to take this into court to be heard and determined whether there is some sort of violation or not? Could I possibly argue the fact that the "Violation Fee" is a debt and treat it as a breach of confidentiality according to the same rules governing debt collection agencies which prohibits such information from being disseminated to the public? Or would that be too much of a stretch?

HHmmmm.
You have no case.
 

racer72

Senior Member
Give your name and where you live and it would take me 5 minutes on the internet to find all the information that was in the letter. If it's King County, it will only take me 3 minutes.
 

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