California Public Records Act | FTB.ca.gov (2024)

FAQs

Who does the California Public Records Act apply to? ›

The California Public Records Act (CPRA) was passed by the California Legislature in 1968 for government agencies and requires that government records be disclosed to the public, upon request, unless there are privacy and/or public safety exemptions which would prevent doing so.

"Public Interest" Exemption (Balancing Test or "Catchall" Exemption). This exemption allows an agency to withhold records that are not listed in any specific exemptions under the CPRA, when the public interest served by withholding the records clearly outweighs the public interest served by disclosure.

Effective January 1, 2023, the California Public Records Act (CPRA) has a new location within the Government Code, complete with relabeled organizational headings that improve navigating the statute.

The 10-day period mentioned in the act is not a legal deadline for producing records, rather it is a time frame which allows the agency to review records to determine if the records being sought are legally allowed to be released or whether they are exempt.

Depending on the circ*mstances, the following fees may apply: The fee for preparing a copy of any law, resolution, record, or other document on file in the Secretary of State's Office is one dollar ($1.00) for the first page and fifty cents ($0.50) for each page thereafter. (Government Code section 12178.1(a)).

Records for which disclosure is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege (Government Code Section 6254(k)). Confidential communications between the District and its attorneys (Ev. Code Sec. 954).

Although the CPRA contains no limitation on that remedy, California law imposes a three year statute of limitations on any cause of action created by statute.

Under the Act, all meetings of local legislative bodies are open and public, and all persons are permitted to attend the meetings. Statutory exceptions authorizing closed sessions are construed narrowly, and the Brown Act “sunshine law” is construed liberally in favor of openness in conducting public business.

A “balancing test” is defined as a subjective test with which a court weighs competing interests. For instance, a court would weigh the interest between an inmate's liberty interest and the government's interest in public safety, to decide which interest prevails.

6250. In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.

What records are public in California? ›

Are California Records Public? Records maintained by the government are generally open to the public. Per the California Public Record Act (CPRA), anyone may obtain copies of any document or information maintained by a government agency if the requested record isn't exempted or protected by law.

A deliberative process exemption to open records requests is one that shields from public scrutiny that papers and materials that elected officials use in the course of reaching a decision.

A limited 14-day extension may apply to extend the 10-day notice period for voluminous or complex requests. These deadlines do not apply to the delivery of records. Delivery of Records: We will provide an estimated record delivery date as part of the 10-day notice.

The PRA requires public agencies to initially respond to a request for records within ten calendar days ​(this time limit may be extended by 14 days in certain circ*mstances).

Police reports are considered ! public records' within the meaning of the California Public Records Act and the San Francisco Sunshine Ordinance. Police reports must be released unless an exception applies.

What businesses does the CCPA apply to? The CCPA applies to for-profit businesses that do business in California and meet any of the following: Have a gross annual revenue of over $25 million; Buy, sell, or share the personal information of 100,000 or more California residents or households; or.

The CPRA expressly applies to cities, counties, school districts, municipal corporations, districts, political subdivisions, and, among other entities, “other local public agenc[ies]”. Earlier versions of the CPRA also extended its reach to nonprofits.

Like the CCPA, the CPRA applies to for-profit entities that do business in California, collect personal information from California consumers, and meet certain threshold criteria.

A: Records of 911 calls are public records under the California Public Records Act and, therefore, must be disclosed unless a specific exemption to disclosure applies.