Question
My request request for mugshot demographics data was denied by the California Department of Corrections. I sent specific data parameters for this information along with my name address and telephone number and received a telephone call from someone in the state archives denying my request. I was told the request was denied because it was not submitted on letterhead. I explained that I was requesting the information as a private citizen and did not have letterhead.
Can you assist me or direct me in order to obtain this information?
Answer
Under the Public Records Act (PRA), an agency must respond to a PRA request, typically within 10 days, to let the person know whether it has records in its possession that are responsive to the request. If claiming an exemption to the PRA, the agency must not only specify the exemption but also explain how it applies. Gov’t Code § 6253(c).
Notably, there is no requirement that a PRA request be on letterhead, or in any particular form, for that matter. I recommend that you write back to the agency, making it clear that your request is a public records request under California’s Public Records Act. I would remind the agency of its duty to respond and assist you. If the agency is claiming a specific exemption under the PRA, it must let you know which exemption it is relying on and how it applies.
Once you know which exemption (if any) it is claiming, you will be in a better position to argue why the records should be disclosed. However, the mere fact that your letter was not on letterhead is not a valid reason for the agency to deny your request.
Bryan Cave 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.