By: Lindsay S. Romeo, Esq.
Editor: Sanmathi (Sanu) Dev, Esq.
On June 5, 2024, Governor Phil Murphy signed legislation (S-2930) which amends New Jersey’s Open Public Records Act, commonly known as OPRA. N.J.S.A. 47:1A-1 et seq. OPRA permits requests to government entities to gain access to public records. The changes to OPRA will take effect on September 3, 2024. While the bill made changes to many aspects of OPRA, several amendments are very significant.
One change to OPRA is an expanded definition of “personal identifying information.” The amendment now protects birth dates, email addresses, and home addresses. Custodians should carefully analyze documents prior to production to ensure any identifying information has been redacted.
In addition, when an agency assesses a special service fee, now the presumption is that the fees or charges presented by the custodian are reasonable. If a requestor objects to the fees or charges, the requestor carries the burden of demonstrating that the fees or charges are unreasonable.
If a requestor demands records that are over 24 months old, the custodian need not provide immediate access. OPRA also entitles custodians to reasonable extensions to any response deadlines so long as they notify the requestor within seven business days.
OPRA also tightened requirements for requestors that seek email, text message, and social media correspondence. The requestor must now specify individuals by name or job title, specify the subject matter, and specify a reasonable time period for the custodian to conduct the search. This provision prevents requestors from making overly broad and burdensome demands.
OPRA now requires agencies to make records publicly available, in their unabridged form, on the agency’s website. When a requestor demands records that are available on their website, the agency is required to direct the requestor to their website. The agency must provide the requestor with instructions to obtain the requested records from their website.
Finally, OPRA strikes down on requestors that harass public agencies or seek records with the intent to substantially interrupt the performance of government function. The Court may issue protective orders limiting the number and scope of requests the requestor may make.
