Question
Can a private company make a profit by selling public information? Or is there a law that says they cannot take public information and charge people to look at it?
Answer
There is no restriction on a private entity that obtains public records from charging someone for copies of those records. The Public Records Act’s prohibition on charging for copies, beyond the direct costs of duplication, applies only to governmental agencies. Those who want records are able to get them for the costs of duplication directly from the agency.
Holme Roberts & Owen 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.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.