TRENTON, NJ – A recent bill introduced in the New Jersey Legislature aims to overhaul the state’s Open Public Records Act, proposing significant updates and reforms to enhance the transparency and accessibility of government records. The comprehensive legislation addresses a range of issues from the management of records requests to the protection of personal identifying information.
Key aspects of the bill include granting records custodians the discretion to deny requests deemed duplicative or anonymous, thereby streamlining the records request process. To improve public access, the bill also encourages and finances the digitalization of documents, facilitating the creation of searchable online databases for public records.
In response to privacy concerns, the legislation introduces a uniform definition of “personal identifying information,” ensuring consistent redaction practices across all public agencies. It also sets clear timelines for responding to records requests, particularly when records are difficult to access due to storage or other reasons, and clarifies the exemptions applicable to public access.
To protect individuals and entities, the bill specifically prohibits requests from data brokers intended for commercial use. Moreover, it shifts the accountability for compliance violations from individual custodians to the public agencies themselves, and allows courts to issue protective orders in cases of harassment.
Significant changes are proposed for the Government Records Council as well, including an expansion of its membership to include more public members, the introduction of staggered five-year terms, and the provision of annual salaries for council members.
Lastly, the legislation establishes a Police Record Access Improvement Task Force, tasked with reviewing current statutes regarding public access to police records and making recommendations for reforms. This task force aims to address the specific challenges and sensitivities related to police records, ensuring balanced access while protecting sensitive information.