The California Public Records Act exempts certain public records from disclosure, based on concerns regarding privacy,government efficiency, or both. Some of the keyexemptions can be found in California Government Code sections 7923.60-7929.610. Alist of other Californiastatutes that exempt records from disclosure pursuant to the California Public Records Act can be found in California Government Code sections 7930-7930.215.
There are approximately 76 exemptions to record disclosure that are set forth in the CPRA. A few of the exemptions that are relied on frequentlyby public agenciesare:
Attorney Client Privilege and Attorney Work Product.All records protected by privileges under the Evidence Code are exempt from disclosure under the CPRA pursuant to Gov. Code§7927.705. Attorney-client privileged communications and attorney work product are examples of privileged documents that are exempt from disclosure under the CPRA.
Preliminary Drafts.Gov. Code§7927.500 exempts from disclosure "preliminary drafts, notes or interagency or intra-agency memoranda that are not retained in the ordinary course of business." If a document goes through multiple drafts before being finalized or approved, only the final version is subject to disclosure.
Law Enforcement Records. The provisions of the CPRA related to crime and law enforcement records can be found at Gov. Code §7923.600-7923.805. Law enforcement investigatory files as a whole are generally exempt from disclosure pursuant to Gov. Code§7923.600, however, local agencies are requiredto disclose certain pieces of information that are contained in those records. For instance, Vehicle Code§20012 requires that traffic accident reports be released to certain persons, including involved drivers, injured persons, and the authorized representatives of those persons. Also, certain information must be disclosed about arrestees, including their name, occupation, physical description, time and date of arrest, location of arrest and charges. Gov. Code§7923.610. For more detail about the CPRA and law enforcement records see this June 2020 article and this web page.
Pending Litigation. Records related to pending litigation to which the agency is a party, or claims made under the California Government Tort Claims Act are exempt from disclosure until the pending litigation or claim has been finally resolved or settled. Gov. Code§7927.200. This exemption applies only to documents specifically prepared for use in existing or anticipated litigation. Fairley v. Superior Court (1998) 66 Cal. App. 4th 1414.
Personnel, Medical and Similar Records.Personnel, medical, or similar files are exempt if their disclosure would constitute an unwarranted invasion of personal privacy. Gov. Code§7927.700.
Utility Customer Information.The name, credit history, usage data, home address, and telephone number of an agency's utility customer is generally exempt from disclosure under the CPRA, except in certain circ*mstances listed in Gov. Code§7927.410
"Public Interest" Exemption (Balancing Test or "Catchall" Exemption).This exemption allows an agency to withhold records that are not listed in any specific exemptions under the CPRA, when the public interest served by withholding the records clearly outweighs the public interest served by disclosure. Gov. Code §7922.000. (former Gov. Code§6255). The agency relying on this "balancing test" or "catchall" exemption must be able to clearly demonstrate the public interest in nondisclosure based on the facts of the particular case. Black Panther Party v. Kehoe (1974) 42 Cal. App.3d 645, 657.
When an agency denies all or part of a request based on an exemption, the agency must identify the specific exemption in its response. Gov. Code§7922.000.
For more information about exemptions from disclosure under the CPRAand how they are applied, see "Top Ten Points To Remember About Exemptions Under the California Public Records Act" from Calaware.org.
