What is the Open Public Records Act?
The Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq., ensures public access to government documents. Under OPRA, a government entity must provide all requested documents to the public unless they fall under one of the 24 statutorily enumerated exceptions. Most litigation surrounding OPRA concerns whether documents a government agency is seeking to withhold actually fall under an exception.
What is a Record?
OPRA defines the word “record” very broadly. It includes papers, books, maps, electronic documents, audio tapes, and other documents or things that are made, kept on file, maintained or received by the government or government officials in their official capacity. The word “record” does not include advisory materials shared within or between government agencies, consultative or deliberative materials.
What Types of Documents are Exempted from OPRA?
OPRA exceptions generally fall under two categories: citizen privacy and state security. For example, information or documents that a constituent sends a legislator cannot be obtained under OPRA. Medical examiner records are also exempted from OPRA to protect the privacy of the deceased and their families, but may still be obtained for research, use by law enforcement and use in criminal proceedings. Academic information, such as school records, also fall outside of OPRA’s scope.
Security exceptions include physical security, such as information that would jeopardize the safety of a building, as well as technical security. Notably, to qualify under a security exemption, the specific documents sought must be such that if they were released, security would actually be jeopardized. The state cannot simply withhold something because it relates to building or computer security.
Other exemptions include information that would give an advantage to bidders and information that relate to risk management.
The Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq., ensures public access to government documents. Under OPRA, a government entity must provide all requested documents to the public unless they fall under one of the 24 statutorily enumerated exceptions. Most litigation surrounding OPRA concerns whether documents a government agency is seeking to withhold actually fall under an exception.
What is a Record?
OPRA defines the word “record” very broadly. It includes papers, books, maps, electronic documents, audio tapes, and other documents or things that are made, kept on file, maintained or received by the government or government officials in their official capacity. The word “record” does not include advisory materials shared within or between government agencies, consultative or deliberative materials.
What Types of Documents are Exempted from OPRA?
OPRA exceptions generally fall under two categories: citizen privacy and state security. For example, information or documents that a constituent sends a legislator cannot be obtained under OPRA. Medical examiner records are also exempted from OPRA to protect the privacy of the deceased and their families, but may still be obtained for research, use by law enforcement and use in criminal proceedings. Academic information, such as school records, also fall outside of OPRA’s scope.
Security exceptions include physical security, such as information that would jeopardize the safety of a building, as well as technical security. Notably, to qualify under a security exemption, the specific documents sought must be such that if they were released, security would actually be jeopardized. The state cannot simply withhold something because it relates to building or computer security.
Other exemptions include information that would give an advantage to bidders and information that relate to risk management.
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