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 New Jersey, the state statute that governs the public's access to government records is known as the Open Public Records Act (OPRA). This law provides the framework for citizens to obtain documents and information from public agencies. OPRA is similar to the federal Freedom of Information Act (FOIA) and is designed to ensure transparency and accountability in government. Under OPRA, most records held by state or local government agencies are accessible to the public unless specifically exempted by the Act or another statute. Exemptions may include matters of personal privacy, ongoing investigations, security measures, and other sensitive information. When a request for records is made, the public agency has a set time frame to respond, typically seven business days. If a request is denied, the decision can be challenged through an appeal to the Government Records Council or by filing a lawsuit in the Superior Court of New Jersey. The law also provides for the recovery of attorney's fees if a court determines that the agency unlawfully denied access to a government record.