Question
I requested access to drawings of infrastructure installed by a public agency. The agency said I could inspect them in person, but I could not have or make copies of the drawings due to “security concerns.” Can the agency limit my right to obtain or make copies of the drawings?
Answer
The California Public Records Act (“CPRA”) generally requires state and local agencies to disclose any public record on request to any member of the public unless the record falls within a specific statutory exemption from disclosure. Govt. Code §§ 7922.525, 7922.530. If one makes a written request for records that is denied in whole or in part, the agency must provide a written response stating the specific exemptions asserted, which it would have the burden to justify if challenged in litigation. Govt. Code §§ 7922.000, 7922.540.
Ordinarily, the CPRA provides for the right to inspect or obtain copies of public records that are subject to disclosure, at the requester’s option, and the right to inspect usually includes the right to make one’s own copies of the records in a way that does not require physical contact with the record, such as photographing it. Govt. Code §§ 7922.525, 7922.530.
One statute provides for inspection of records without the right to make or obtain copies, Health & Safety Code § 19851(a), which states, in relevant part, “The official copy of the plans maintained by the building department of the city or county provided for under Section 19850 shall be open for inspection only on the premises of the building department as a public record. The copy may not be duplicated in whole or in part” except with written permission or court order as specified in the statute.
It is not clear that there is a statute specifically allowing or requiring the agency to permit only inspection but not copies of the drawings in question, especially if the agency did not cite any such statute.
Perhaps such a limitation might be allowed under the CPRA’s catchall exemption, which allows an agency to withhold records if it can prove “on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” Govt. Code § 7922.000. This “provision contemplates a case-by-case balancing process, with the burden of proof on the proponent of nondisclosure to demonstrate a clear overbalance on the side of confidentiality.” American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1043 (2017).
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.