Asked & Answered

FOIA precedents and the CPRA

FOIA precedents and the CPRA Q: Can a federal FOIA case serve as a precedent for a CA Public Records Act case? A: Generally speaking, decisions by federal courts other than the U.S. Supreme Court are not binding on state courts. California courts have observed, however, that the California Public Records Act (“CPRA”) “was modeled upon the federal Freedom of Information Act [“FOIA”], and has a common purpose” and that “federal ‘legislative history and judicial

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Non-response to FOIA request

Non-response to FOIA request Q: Over the past 1 1/2 years we have made 2 FOIA requests with the Federal EPA and DOT. We have received no response. We have followed up several times in both matters and still no response. We need assistance and guidance with getting information from these Federal Agencies. We would most appreciate if you can give us any advice. A: Pursuant to the Freedom of Information Act (FOIA), each agency

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FOIA precedents and the CPRA #2

FOIA precedents and the CPRA #2 Q: Would a Federal FOIA (Exemption 6) be precedent setting inCalifornia where the records in question fall under CPRA Section 6254(c) – personnel, medical, or similar files. Thank you. I appreciate it.CPRA exemption for private personal informationSection 6254Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.(b)(6) EXEMPTION 6 Personal Information Affecting an Individual’s Privacy. This exemption permits the government to withhold

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Fire Department employee names

Fire Department employee names Q: Would the Names of employees working for a City Fire Department be considered accessible via the Public Records Request? I have a year range from like 1985 to 1987. A: As a general rule, the names of public employees are a matter of public record and subject to disclosure under the California Public Records Act, Government Code sections 6250-6259. But there are exemptions to the PRA’s presumption of public access.

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Entitlement to court records

Entitlement to court records Q: I wanted to get court records from the Richmond court. When I asked to get the records from my case the clerk said that I could not get any records until I put in my appeal. I also tried to put in a written declaration form and was told that it was too late. Can you help me? A: Under a decision by the California Supreme Court (NBC Subsidiary (KNBC-TV)

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