Q: How does the California Public Records Act handle information stored in a database rather than a specific record (e.g. an existing, stand-alone document)? For example, if I’m looking for historical financial information on a public works project at my city, the data might be in a database and would require city staff to run a report against the database to provide me the data. How should I make such a request? Thanks for your help!
A: Under the California Public Records Act (“CPRA”), public records — which include “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,” Gov’t Code § 6252(e) — are presumed to be open to the public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. The CPRA applies regardless of the physical form or characteristic of the record, which means that information retained in an electronic format must be made available in any electronic form in which the agency keeps the information. Gov’t Code § 6253.9(a).
You describe seeking a summary or report of historical financial information on a public works product that is contained in database. Assuming the information you seek is not subject to any of the CPRA exemptions, see Gov’t Code § 6254, 6255, you should be permitted to inspect the records or obtain copies of the records. However, if your request would require data “compilation, extraction, or programming” to produce, the agency may charge you a fee for the cost of producing the record. Gov’t Code § 6253.9(b)(2). If the report you seek has already been independently run by the municipality, and therefore forms part of the public record, you may gain access to it with a CPRA request.
The first step in obtaining the records you seek would be submitting a written CPRA request that identifies the records with enough specificity that the municipal agency can determine whether it has items responsive to your request. To facilitate processing the data, you may wish to specify that you request information you believe is stored electronically, to be made available in electronic form. The agency has a duty to assist you in making a focused and effective request that reasonably describes identifiable records and provide suggestions for overcoming any practical basis for denying access to the records or information sought. Gov’t Code § 6253.1. You can find sample text to assist you in drafting your request on the FAC’s website here.
Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation. No attorney-client relationship has been formed by way of this response.