Provision of the California Public Records Act (CPRA)

The Public Records Act provides for the inspection of public records maintained by state and local agencies. (See Gov. Code Sec. 6250 et seq.) The purpose of the Public Records Act is to fulfill the "fundamental and necessary right of every person in this state" to have access to information concerning the conduct of the people's business. (See Gov. Code Sec. 6250; Register Div. of Freedom Newspapers, Inc. v. County of Orange (1984) 158 Cal.App.3d 893, 901.)

As stated by the California Supreme Court in CfiS, Inc. v. S/oc/c:

Implicit in the democratic process is the notion that government should be accountable for its actions. In order to verify accountability, individuals must have access to government files. Such access permits checks against the arbitrary exercise of official power and secrecy in the political process.

(CSS, Inc. V. Bloci< (1986) 42 Cal.3d 646, 651.)

To advance this purpose, the Public Records Act establishes a presumptive right of access to any record created or maintained by a public agency that relates in any way to the business of the public agency. (Sander v. State Bar of California (2013) 58 Cal.4th 300, 323.)

“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.” (Cal Const. Art. 1, § 3.) “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.” (Cal Const. Art. 1, Sec. 3.)

The California Public Records Act “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.” (Gov. Code Sec. 6250, et. seq.) “Exempt with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable.” (Gov. Code Sec. 6253, subd. (b).) “Any 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.” (Gov. Code Sec. 6253, subd. (a).)

The CPRA and the California Constitution

Pursuant to the CPRA (Gov. Code § 6250, et seq.), individual citizens have a right to access government records. In enacting the CPRA, the California Legislature declared that “access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.” (Gov. Code § 6250; see also County of Los Angeles v, Superior Court (2012) 211 Cal.Appi4th 57, 63.) “The CPRA was modeled on the federal Freedom of Information Act (FOIA) ( 5 U.S.Cl § 552 et seq.) and was enacted for the purpose of increasing freedom of information by giving members of the public access to information in the possession of public agencies. (CBS, Inc. 1/. Block (1986) 42 Cal.3d 646, 651 [230 CalRptr. 362, 725 P.2d 470].) The Legislature has declared that such “access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.” (Gov. Code, § 6250.)” (Filarsky v. Superior Court (2002) 28 Cal.4th 419, 425-26.)

To facilitate the public's access to this information, the CPRA mandates, in part, that: “[E]ach state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available .” (Gov. Code § 6253(b)l)

In particular, Government Code section 6253(b) provides: (b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.

Exemptions

Support for a claim of nondisclosure must be found, if at all, among the specific exemptions enumerated in the Act. (Register Div. of Freedom Newspapers (1984) 158 Cal.App.3d 893, 901.)

Under the Act, records may be exempted from disclosure in two ways. First, materials may be exempt from disclosure pursuant to one of the express categorical exemptions set forth in withhold records if it can demonstrate, on the facts of a particular case, that the public interest served by withholding the records clearly outweighs the public interest served by disclosure. (Gov. Code Sec. 6255.) The Act is broadly construed to further the people's right of access, and exemptions from disclosure must be construed narrowly. (Los Angeles Unified School Dist. v. Superior Court (2007) 151 Cal.App.4th 759, 765; Cal. Const., art. I, Sec. 3(b).) The burden of establishing an exemption is on the public agency seeking to withhold the record. (Rogers v. Superior Court (1993) 19 Cal.App.4th 469,476; Cal. Const, art. I, Sec. 3(b).)

Presumptive Right of Access

Under the Public Records Act, there is a presumptive right of access to any public record. Upon request, public records must be disclosed unless disclosure is prohibited or there is a specific exemption authorizing the agency to withhold the record. The exemptions are construed narrowly, and the burden is on the public agency to show that a record should not be disclosed. (Rogers v. Superior Court (1993) 19 Cal.App.4th 469, 476.) Thus, if the access logs are public records, as Petitioner claims, CDCR has a duty to disclose the records unless it proves that disclosure is prohibited or an exemption applies, which it has not done.

Real Parties suggest that an agency’s duties under the Public Records Act are not triggered unless the party specifically requests the records in writing under the Act. The court does not agree. The Act merely requires that non-exempt records be made available “upon request” for a copy of records that “reasonably describes an identifiable record or records . . . .” (Cal. Gov. Code Sec. 6253(b).) The Act does not require a written request for records. (L.A. Times v. Alameda Corridor Transp. Auth. (2001) 88 Cal.App.4th 1381, 1392.) The demurrer to the access log cause of action is overrul