BB&K In The News

BB&K attorney HongDao Nguyen explores how California courts are tackling new technology under the CPRA.

By HongDao Nguyen

The California Public Records Act opens government records to the public. But what if a public official sends a text about the agency’s business from his or her personal phone on an account for which he or she foots the bill? Is the text a public record? Does the official have to hand over his or her private iPhone messages to the public? More importantly, do public agencies have a legal obligation to force the public official to turn over the phone? The proliferation of personal devices makes communicating easier and quicker than ever, but has complicated compliance with the Public Records Act, which was enacted in the 1960s.

Now, for the first time, a California court has ruled that communications on a private device — even if they may be about public business — are not disclosable to the public. (City of San Jose v. Superior Court.) In reaching its decision, the court keyed in on the plain language of Government Code section 6252, which defines “public records” as “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” (Emphasis added.)

Click here to read the entire article published on April 29, 2014 in JD Supra.