WHAT IS THE OPEN PUBLIC RECORDS ACT?

OPRA is the State statute that replaces the old “Right to Know Law” which governs the public’s access to government records in New Jersey. The law is compiled in the statutes as N.J.S.A. 47:1A-1 et seq.
Specifically, OPRA is intended to:
  • Expand the public’s right of access to government records;
  • Create an administrative appeals process if access is denied; and
  • Define what records are and are not “government records.”

Who may file an OPRA request?
Anyone can file an OPRA request.  Although OPRA specifically references “citizens of this State,” (N.J.S.A. 47:1A-1) the Attorney General’s Office advises that OPRA does not prohibit access to residents of other states.***
Also, requestors may file OPRA requests anonymously without providing any personal contact information, even though space for that information appears on the form; thus anonymous requests are permitted. However, OPRA specifically prohibits anonymous requests for victims’ records. N.J.S.A. 47:1A-2.2. If a permissible anonymous request involves making copies and the estimated cost exceeds $5.00, the custodian may request a deposit. N.J.S.A. 47:1A-5.f.
***NOTE: Since the Attorney General's advice in 2009, requirements regarding "citizens of state" have been decided further. In 2013, the US Supreme Court in McBurney v. Young, 133 S.Ct. 1709 reversed that case and held that states can limit their records laws to just state citizens. The Attorney General is no longer under the obligation to follow the 2009 Third Circuit precedent.

What public policies are expressed in OPRA?
OPRA provides overriding public policies in the legislative findings (N.J.S.A. 47:1A-1) which must be considered during the handling of all OPRA requests for access to government records.
Those public policies are:
  • Government records must be readily accessible for inspection, copying, or examination by its citizens, with certain exceptions, for the protection of the public interest.
  • Any limitations on the right of access to government records must be interpreted in favor of the public’s right of access.
  • A public agency has a responsibility and an obligation to protect a citizen’s personal information that is in the possession of a public agency when disclosure of that information would violate the citizen’s reasonable expectation of privacy.”

What is a 'government record' under OPRA?
OPRA’s definition of a government record expands the old Right to Know Law definition (which was limited to records required by law to be maintained on file). OPRA specifically defines a government record as:
“… any paper, written or printed book, document, drawing, map, plan, photograph, microfilm,data processed or image processed document, information stored or maintained electronically or by sound-recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file … or that has been received in the course of his or its official business …” N.J.S.A. 47:1A-1.1. Generally stated, a “government record” means any record that has been made, maintained, or kept on file in the course of official business, or that has been received in the course of official business.

What is considered a "public record" under common law?
A public record under the common law is one required by law to be kept, or necessary to be kept
in the discharge of a duty imposed by law, or directed by law to serve as a memorial and
evidence of something written, said, or done, or a written memorial made by a public officer
authorized to perform that function, or a writing filed in a public office. The elements essential to
constitute a public record are that it be a written memorial, that it be made by a public officer,
and that the officer be authorized by law to make it.
NOTE* Any challenge to a denial of a request for records under the common law cannot be made to the Government Records Council, as the Government Records Council only has jurisdiction to adjudicate challenges to denials of OPRA requests. A challenge to the denial of access under the common law can be made by filing an action in Superior Court.

Are there other ways to request access to government records besides OPRA?
Yes. OPRA does not affect a requestor’s common law right of access, or right of access via
discovery.
Discovery requests may also be served upon a public agency for access to government records pursuant to N.J. Court Rules, 1969 R. 3:13-3 (2005) and N.J. Court Rules, 1969 R. 7:7-7 (2005). Please note that requests for discovery do not affect a requestor’s right to request the same records under OPRA or Common Law.
NOTE* Any challenge to a denial of a request for records pursuant to a discovery request cannot be made to the Government Records Council, as the Government Records Council only has jurisdiction to adjudicate challenges to denials of OPRA requests. A challenge to the denial of access pursuant to a discovery request can be made by filing an action in Superior Court.

Are there exemptions to OPRA?
Yes, there are 24 specific exemptions contained in OPRA. Click here for a list of OPRA Exemptions.

Can a custodian deny me access to government records?
Yes. As stated above, there are 24 specific exemptions to public access contained in OPRA.  If a record requested, or portions of a record requested, fit into any of OPRA’s 24 exemptions, the custodian may deny access.
If the custodian is unable to comply with a request for access, the custodian must indicate the specific reason for denying access on the request form and promptly return a copy to the requestor. N.J.S.A. 47:1A-5.g.
The form must be signed and dated by the custodian, as it may serve as the basis for an appeal by the requestor to Superior Court or the Government Records Council. A custodian’s response may be provided in another written format other than on the OPRA request form. When responding to an OPRA request, a custodian must provide a response to each record requested.