Tag: Public Records Act

Public Employees’ Personal E-mail and Text Messages May be Subject to Disclosure under the Public Records Act

The California Supreme Court has held that information relevant to public business contained in emails or text messages stored on private electronic devices of government officials is subject to disclosure under the Public Records Act. City of San Jose v. Superior Court (Smith), No. S218066 (Calif. Supreme Court, March 3, 2017). The California Public Records … Continue Reading

Inadvertent Disclosure of Documents Under the Public Records Act Does Not Waive the Attorney-Client Privilege

The California Supreme Court has resolved a significant split among California appellate courts regarding whether inadvertent disclosure of documents in response to a Public Records Act request results in waiver of the attorney-client privilege pursuant to section 6254.5 of the Act. The court held that this waiver provision applies only to intentional release of a … Continue Reading

Under the Public Records Act, agencies must allow access to land use databases.

The California Supreme Court has unanimously held that a public agency must allow access to a database of information on land use parcels, rejecting the claim that such information is subject to the “computer software” exemption under the Public Records Act.  Sierra Club v. Superior Court, No.S194701 (July 8, 2013).  Section 6254.9(a) of the Public … Continue Reading