California Public Records Act
The California Public Records Act is currently codified at Government Code § 7290.000 et seq.
Everything was re-organized and re-numbered under AB473 and SB823, passed in 2021, to be effective in 2023. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB473
General rule
Gov. Code § 7922.525, former Gov. Code § 6253, subd. (a).
(a) Public records are open to inspection at all times during the office hours of a state or local agency and every person has a right to inspect any public record, exempted as otherwise provided.
(b) Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.
Cal. Const. Art. I, § 3
(b) (1) The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.
(2) A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
(3) Nothing in this subdivision supersedes or modifies the right of privacy guaranteed by Section 1 or affects the construction of any statute, court rule, or other authority to the extent that it protects that right to privacy, including any statutory procedures governing discovery or disclosure of information concerning the official performance or professional qualifications of a peace officer.
(4) Nothing in this subdivision supersedes or modifies any provision of this Constitution, including the guarantees that a person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws, as provided in Section 7.
(5) This subdivision does not repeal or nullify, expressly or by implication, any constitutional or statutory exception to the right of access to public records or meetings of public bodies that is in effect on the effective date of this subdivision, including, but not limited to, any statute protecting the confidentiality of law enforcement and prosecution records.
(6) Nothing in this subdivision repeals, nullifies, supersedes, or modifies protections for the confidentiality of proceedings and records of the Legislature, the Members of the Legislature, and its employees, committees, and caucuses provided by Section 7 of Article IV, state law, or legislative rules adopted in furtherance of those provisions; nor does it affect the scope of permitted discovery in judicial or administrative proceedings regarding deliberations of the Legislature, the Members of the Legislature, and its employees, committees, and caucuses.
(7) In order to ensure public access to the meetings of public bodies and the writings of public officials and agencies, as specified in paragraph (1), each local agency is hereby required to comply with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), and with any subsequent statutory enactment amending either act, enacting a successor act, or amending any successor act that contains findings demonstrating that the statutory enactment furthers the purposes of this section.
Prop 42 is "a constitutionalization of the CRPA." (Sutter Place Inc. v. Superior Court (2008) 161 Cal.App.4th 1370, 1382.)
Cal. Const. Art. I, & sect; (3), subd. (b), paragraph (2) applies to CRPA. (Ardon v. City of Los Angeles (2016) 62 Cal.4th 1176, 1190.)
Waiver of exemption
Once material has been disclosed to one member of the public, it generally is available upon request to any and all members of the public. Govt. Code § 7921.505. However, certain disclosures made by an agency – such as confidential disclosures made to another governmental agency in connection with the performance of official duties, or disclosures made in a legal proceeding or otherwise required by law – are not considered disclosures to members of the public under the CPRA, and therefore do not constitute a waiver of exempt material. Govt. Code § 7921.505.
Relation to federal Freedom of Information Act (FOIA)
CRPA is modeled after FOIA. Therefore, courts look to FOIA for interpretation of CPRA. (American Civil Liberties Union Foundation v. Deukmeijian (1982) 32 Cal.3d 440, 447.)
Law enforcement records
7923.600 to 7923.630
7923.600- 7923.625&7927.705; Penal Code § 832.7
Access to law enforcement records
7923.650 to 7923.655
Exempt from disclosure
7927.705
7922.00
Emergency Communications to public safety authorities
7923.700
Crime victims
7923.750 to 7923.755
Firearm licenses
7923.800 to 7923.805
Right to privacy
7926.700
==Computer programs
GIS
7922.585
County of Santa Clara v. Superior Court (2009) 170 Cal.App.4th 1301
Procedure
7922.535
Conversion table
"Nothing in the CPRA Recodification Act of 2021 is intended to substantively change the law relating to inspection of public records. The act is intended to be entirely nonsubstantive in effect. Every provision of this division and every other provision of this act, including, without limitation, every cross-reference in every provision of the act, shall be interpreted consistent with the nonsubstantive intent of the act." (Gov. Code, § 7920.100)
| Previous Code | Current Code | Notes |
|---|---|---|
| 6250-6276.48 | 7920.000-7930.215 | |
| 6250 | 7921.000 | |
| 6251 | 7920.000 | |
| 6252(a) | 7920.510 | |
| 6252(b) | 7920.515 | |
| 6252(c) | 7920.520 | |
| 6252(d) | 7920.525(a) | |
| 6252(e) | 7920.530 | |
| 6252(f) | 7920.540 | |
| 6252(g) | 7920.545 | |
| 6252.5 | 7921.305 | |
| 6252.6 | 7927.420 | |
| 6252.7 | 7921.310 | |
| 6253(a) | 7922.525 | |
| 6253(a) 1st sent |
7922.525(a) | |
| 6253(a) 2d sent |
7922.525(b) | |
| 6253(b) | 7922.530(a) | |
| 6253(c) | 7922.535 | |
| 6253(c) 1st, 4th sent |
7922.535(a) | |
| 6253(c) 2d, 3d sent |
7922.535(b) | |
| 6253(c) 5th sent |
7922.535(c) | |
| 6253(d) 1st sent |
7922.500 | |
| 6253(d)(1) | 7922.530(b) | |
| 6253(d)(2) | 7922.530(c) | |
| 6253(d)(3) | 7922.540(b) | |
| 6253(e) | 7922.505 | |
| 6253(f) 1st sent |
7922.545(a) | |
| 6253(f) 2d sent |
7922.545(b) | |
| 6253.1(a)-(c) | 7922.600 | |
| 6253.1(d) | 7922.605 | |
| 6253.2 | 7926.300 | |
| 6253.21 | 7927.305 | |
| 6253.3 | 7921.005 |
How to obtain records
"Every agency may adopt regulations in accordance with this article stating the procedures to be followed when making its records available." (Gov. Code 7922.630, former Gov. Code 6253.4, subd. (a).)
"The following state and local bodies shall establish written guidelines for accessibility of records. A copy of these guidelines shall be posted in a conspicuous public place at the offices of these bodies, and a copy of the guidelines shall be available upon request free of charge to any person requesting that body's records" (Gov. Code 7922.635, former Gov. Code 6253.4, subd. (a).)
(a) Guidelines and regulations adopted pursuant to this article shall be consistent with all other sections of this division and shall reflect the intention of the Legislature to make the records accessible to the public.
(b) Guidelines and regulations adopted pursuant to this article shall not operate to limit the hours public records are open for inspection as prescribed in Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525).
(Gov. Code 7922.640, former Gov. Code 6253.4, subd. (b).)