Most states have laws—statutes that are sometimes referred to as Acts—that make most government records open to the public. These laws are similar to the federal Freedom of Information Act (FOIA) and are often known as open records acts or public information acts.
These public information or open records acts provide a mechanism for citizens to inspect or copy government records—and provide the governmental bodies from whom the records are requested with the right to withhold government records from the public in certain instances.
Public information or open records acts generally require a governmental entity to release information in response to a request for information. But if a governmental entity determines the information is excepted from disclosure under the law, then both the request and the information at issue must be reviewed by another governmental division. The reviewing division will issue a decision on whether the governmental entity is permitted to withhold the requested information or must release the information to the requestor (often a citizen or member of the media).
These public information or open records laws vary from state to state and are usually located in a state’s statutes.
In California, the primary laws governing public access to government records are the California Public Records Act (CPRA) and the California Constitution. The CPRA is similar to the federal Freedom of Information Act (FOIA) and is codified in the California Government Code, Sections 6250-6276.48. It mandates that public records are open to inspection at all times during the office hours of the state or local agency, and every person has a right to inspect any public record, with certain exceptions. These exceptions include records pertaining to ongoing law enforcement investigations, personnel files, litigation, and other categories outlined in the Act. If a request for records is denied, the requester can challenge the decision in court. Additionally, the California Constitution includes a right of access to information concerning the conduct of the people's business, which further supports the principles of transparency and accountability in government.