Reforms Coming to New Jersey’s OPRA Law
New Jersey’s Open Public Records Act (OPRA) is undergoing transparency and procedural changes due to a new bill signed into law by Governor Murphy. The new law, which became effective on September 3rd, calls for several changes to existing OPRA rules. This includes updates to the attorney’s fee provision, a new requirement on state agencies to include public records on their websites, and allowances for lawsuits to be filed against those making requests for the purpose of disrupting government operations. Many groups are concerned about the issues the update will create. To help clients, prospects, and others, Klatzkin has provided a summary of the key details below.
What is OPRA?
New Jersey’s Open Public Records Act (OPRA) is a law that allows the public to access certain government records. When it was introduced, OPRA expanded access compared to the previous “Right to Know Law.” The goal of OPRA is to improve transparency and promote government accountability by allowing citizens to view and analyze public records. Exceptions to this public records law include:
- Private entities
- Records that are confidential by law, classification, or executive privilege
- Records protected via attorney-client privilege
- Records that contain proprietary information and trade secrets
- Personal information that does not have to be disclosed per federal or state law
What changes are coming?
On June 5, 2024, New Jersey Governor Murphy signed a bill into law that made significant changes to OPRA for the first time in more than two decades. Instead of continuing to expand open records laws, this reform may lead to contractions, depending on what does and doesn’t get released as digital records. The provisions from the new law took effect earlier this month.
What are current concerns about the changes?
Some organizations, including the American Civil Liberties Union and the New Jersey Working Families Party, worry that recent changes to OPRA may substantially reduce public records access. If this is the case, these groups also believe that corruption may increase, and public trust may decrease in institutions such as governmental bodies.
What is set to change under the new bill?
The new bill includes provisions around types of access to records, record request timeframes, redactions for covered persons, and differences with digital record access.
Personally Identifiable Information
Personally identifiable information (PII) statutory protections are now outlined for information such as birth date, home address, and minor information. Daniel’s Law is also included in the bill, which prevents residential addresses of specific “covered persons” from being disclosed. Covered persons include judicial officers (active, former, and retired), prosecutors, members of law enforcement, and immediate family members of covered persons. Before disclosure, covered persons would be able to request the redaction of PII.
Limits to Public Information Access
The changes also create new hurdles in how public information can be accessed, as well as limits in the type of information that can be accessed. The public would not be able to access the following as part of the changes under the new law, in addition to other categories not listed:
- Police bodycam footage
- Real estate transactions
- Court proceedings
- Government contracts
Public Record Digitization
With the new OPRA bill, there is also an emphasis on the digitization of public records, which would then be placed on agency websites. This may make the need for public records requests less vital; however, what is going to be digitized and when is still up in the air.
Record Request Response Times
Agencies and custodians will also have a longer timeframe to process information requests, and if the response to the request doesn’t happen within a given timeframe, it will automatically be categorized as a denial. This would force requestors to file appeals to try to gain access after they were denied.
E-Communication Request Changes
Requests that are made around e-communication, including social media postings, emails, and text messages, need to be limited to a specific time, such as requesting a set start and end date for communications between two parties.
Other Reasons for Denial
If the record request means that the responding party will need to conduct more research, create new records, or collect information from other government records, requestors may be denied.
Commercial Data Broker Permissions
Commercial data brokers, who were previously unable to make record requests, are now allowed to make them for commercial purposes as long as the request purpose is certified and the broker pays a fee.
Contact Us
Members of the public and entities that make records requests should understand the new changes. They may experience additional fees, procedural red tape, or request denial due to changes to the law. The impact of the changes will become clearer over time. If you have a question about the information outlined above or need assistance with a tax or filing issue, Klatzkin can help. For additional information call 609-890-9189 or click here to contact us. We look forward to speaking with you soon.