California Public Records Act - Revision history

Sysop at 02:03, 12 February 2026

2026-02-12T02:03:59Z

@@ Line 78: / Line 78: @@
 Rivero v. Superior Court (1997) 54 Cal.App.4th 1048
 ==Exempt from disclosure==
@@ Line 94: / Line 118: @@
 .000
 ==Emergency Communications to public safety authorities==

Sysop at 04:26, 5 September 2025

2025-09-05T04:26:39Z

← Older revision		Revision as of 04:26, 5 September 2025
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	"This definition is intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record-keeping instrument as it is developed. Only purely personal information unrelated to "the conduct of the public's business" could be considered exempt from this definition, i.e., the shopping list phoned from home, the letter to a public officer from a friend which is totally void of reference to governmental activities.'" (California Univ., Fresno Ass'n v. Superior Court (2001) 90 Cal.App.4th 810, 825.)		"This definition is intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record-keeping instrument as it is developed. Only purely personal information unrelated to "the conduct of the public's business" could be considered exempt from this definition, i.e., the shopping list phoned from home, the letter to a public officer from a friend which is totally void of reference to governmental activities.'" (California Univ., Fresno Ass'n v. Superior Court (2001) 90 Cal.App.4th 810, 825.)

			==Closed District Attorney files==

			Does compelled disclosure of closed criminal investigation files obstruct the investigatory function of the district attorney's office, thus contravening section 25303? We conclude it does.

			Very few activities performed by public officials are more important to the public and to the individuals most directly involved than the full and proper investigation of criminal complaints. Every effort must be made to ensure that investigators can gather all evidence that is available and legally obtainable. Without the assurance of continuing confidentiality, potential witnesses could easily be dissuaded from coming forward. Even if they knew that sensitive information would not automatically be turned over, publicity-shy witnesses would still have reason to be wary.

			It is not a complete answer that publicity-shy witnesses may already be deterred from coming forward by the prospect of being subpoenaed for a criminal trial. Sometimes anonymous sources, well known to the targets of investigations, provide important information. That information, though not usable itself, may help focus the inquiry and lead to the acquisition of admissible evidence. These sources' anonymity would be compromised and their willingness to provide information hindered if the subjects could easily review investigation files.

			We acknowledge a footnote in Williams that suggests the public may have no interest in preventing disclosure of a prosecutors' closed investigation files. After concluding that the CPRA in its then-current form protected closed investigation files, the Williams court offered advice to the Legislature: “In our view, the matter does appear to deserve legislative attention. Although there are good reasons for maintaining the confidentiality of investigatory records even after an investigation has ended [citation], those reasons lose force with the passage of time. Public policy does not demand that stale records be kept secret when their disclosure can harm no one, and the public good would seem to require a procedure by which a court may declare that the exemption for such records has expired.” (Williams v. Superior Court, supra, 5 Cal.4th at pp. 361–362, fn. 13, 19 Cal.Rptr.2d 882, 852 P.2d 377.)

			We observe, however, that the Legislature has amended section 6254 more than once since the Williams decision, but has not revised the statute to permit disclosure of closed investigation files. We will not do what the Legislature has declined to do.

			(Rivero v. Superior Court (1997) 54 Cal.App.4th 1048, 1058–1059.)

	==Waiver of exemption==		==Waiver of exemption==

Sysop: /* Access to law enforcement records */

2025-09-05T04:25:02Z

Access to law enforcement records

← Older revision		Revision as of 04:25, 5 September 2025
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	7923.650 to 7923.655		7923.650 to 7923.655

			72923.600 to 7293.655

			Rivero v. Superior Court (1997) 54 Cal.App.4th 1048

	==Exempt from disclosure==		==Exempt from disclosure==

Sysop at 03:52, 5 September 2025

2025-09-05T03:52:48Z

← Older revision		Revision as of 03:52, 5 September 2025
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	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.)		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.)

			==What are records==

			7920.530(a): “public records” includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.

			"the mere possession by a public agency of a document does not make the document a public record." (Coronado Policce Officers Ass'n v. Carroll (2003) 106 Cal.App.4th 1001, 1006.)

			"[I]f a record is kept by an officer because it is necessary or convenient to the discharge of his official duty, it is a public record. (California Univ., Fresno Ass'n v. Superior Court (2001) 90 Cal.App.4th 810, 824.)

			"This definition is intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record-keeping instrument as it is developed. Only purely personal information unrelated to "the conduct of the public's business" could be considered exempt from this definition, i.e., the shopping list phoned from home, the letter to a public officer from a friend which is totally void of reference to governmental activities.'" (California Univ., Fresno Ass'n v. Superior Court (2001) 90 Cal.App.4th 810, 825.)

	==Waiver of exemption==		==Waiver of exemption==

Sysop at 03:49, 5 September 2025

2025-09-05T03:49:14Z

← Older revision		Revision as of 03:49, 5 September 2025
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	7922.00		7922.00

			7927.200 (litigation records)

			7927.500 (preliminary drafts and similar materials)

			7927.700 (private records, privileged materials, and other reocrds)

			7930.100-7930.215 secrecy statutes

			7930.000
	==Emergency Communications to public safety authorities==		==Emergency Communications to public safety authorities==

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	(Gov. Code 7922.640, former Gov. Code 6253.4, subd. (b).)		(Gov. Code 7922.640, former Gov. Code 6253.4, subd. (b).)

	==Gov. Code 7923.605=		==Gov. Code 7923.605==

	(a) Notwithstanding Section 7923.600, a state or local law enforcement agency shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger either of the following:		(a) Notwithstanding Section 7923.600, a state or local law enforcement agency shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger either of the following:

Sysop at 20:39, 6 July 2025

2025-07-06T20:39:49Z

← Older revision		Revision as of 20:39, 6 July 2025
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	(Gov. Code 7922.640, former Gov. Code 6253.4, subd. (b).)		(Gov. Code 7922.640, former Gov. Code 6253.4, subd. (b).)

			==Gov. Code 7923.605=

			(a) Notwithstanding Section 7923.600, a state or local law enforcement agency shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger either of the following:
			(1) The safety of a witness or other person involved in the investigation.

			(2) The successful completion of the investigation or a related investigation.

			(b) However, this article does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.

	==Former Gov. Code 6254==		==Former Gov. Code 6254==

Sysop at 19:59, 6 July 2025

2025-07-06T19:59:37Z

Show changes

Sysop at 03:12, 6 May 2024

2024-05-06T03:12:53Z

← Older revision		Revision as of 03:12, 6 May 2024
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	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.)		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)==		==Relation to federal Freedom of Information Act (FOIA)==

Sysop at 03:09, 6 May 2024

2024-05-06T03:09:36Z

← Older revision		Revision as of 03:09, 6 May 2024
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	7926.700		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==		==Conversion table==

Sysop at 03:04, 6 May 2024

2024-05-06T03:04:15Z

← Older revision		Revision as of 03:04, 6 May 2024
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	7923.600 to 7923.630		7923.600 to 7923.630

			7923.600-
			7923.625&7927.705; Penal Code § 832.7

	==Access to law enforcement records==		==Access to law enforcement records==
Line 44:		Line 47:
	7923.650 to 7923.655		7923.650 to 7923.655

	==Emergency ~~Communicaitons~~ to public safety authorities==		==Exempt from disclosure==

			7927.705

			7922.00

			==Emergency Communications to public safety authorities==

	7923.700		7923.700
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	7923.800 to 7923.805		7923.800 to 7923.805

			==Right to privacy==
			7926.700




	==Conversion table==		==Conversion table==