New CPRA Case Law and Legislation for 2021
While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give unlimited access to records that may be exempt from disclosure. Occasionally the public’s right of access must yield to exemptions, such as individual privacy rights and defined privileges. However, transparency remains the goal.
Last year, the California Legislature and courts gave further guidance in balancing the rights of the public with those of the individual, aiming to further transparency when appropriate. The bulk of the new CPRA guidance comes from case law because most of the proposed legislation that would have affected the CPRA was sidelined by of the COVID-19 crisis. Some of the legislation that was proposed may resurface in 2021, such as Senate Bill 776, which would have significantly altered Penal Code section 832.7, subdivision (b) and expanded the public’s right of access to law enforcement records.