California Public Records Act: What You Need to Know
The growing complexity of public records compliance
Government agencies and educational institutions rely on digital platforms to collaborate and engage with their communities, making efficient public records management more critical than ever. State and local government agencies must adopt a multifaceted strategy that balances transparency and efficiency to address the complexities of complying with the California Public Records Act.
Why CPRA Compliance Matters
Failure to comply with CPRA can result in penalties, legal risks, and the erosion of public trust. Agencies need an effective records management strategy to prevent these risks while ensuring compliance.
According to the Granicus Public Records Complexity Benchmark Report, the volume of records requests increased 94% between 2018 and 2023 and 136% by 2024, with responses growing by 179% in the same period.
What is the California Public Records Act?
Enacted in 1968, the California Public Records Act (CPRA) ensures public access to government records, promoting transparency and trust. The law is built on the principle that "governmental records shall be disclosed to the public upon request unless there is a specific reason not to do so.”
The CPRA mandates that:
- Government records must be disclosed upon request, unless exempt.
- Agencies must respond within 10 business days or offer an estimated timeline for more complex requests.
As stated on the California Government website, government agencies must respond to public records requests within ten business days. If more time is needed to locate and review the records, the agency must acknowledge the request and provide an estimated response time, usually within fourteen days.
However, without an effective recordkeeping system, fulfilling requests can be time-consuming and labor-intensive. Manually searching for records increases the risk of delays and noncompliance.
A smarter approach is to utilize automated communications capture and retention software to proactively retain and produce non-exempt records as required. Intuitive dashboards can equip compliance managers to easily track and fulfill requests. Efficient records management enhances transparency, builds public trust, and simplifies engagement.
California Public Records Act exemptions: What’s not public
Not all records are subject to disclosure. The CPRA allows agencies to withhold records from disclosure if it can establish that the public interest in nondisclosure outweighs the public interest in disclosure. However, exemption rules can be complex.
Common exemptions include:
- Personal privacy protections (e.g., medical or personnel records)
- Public safety and security concerns
- Confidential legal matters and privileged communications
Smarsh: Your trusted partner in records management
Smarsh is a trusted strategic partner that can help guide you through the complexities of open records management. With the Smarsh platform, you can enjoy advanced data capture and archiving all in one place.
Comprehensive recordkeeping software solution combines:
- Automated data capture and archiving to securely store and manage records
- Advanced search capabilities to reduce manual workload
- Intuitive dashboards to easily track requests
Stay ahead of CPRA compliance
With the growing number of public record requests, agencies must take a proactive stance in their approach to records management. Investing in a single-platform solution enhances transparency and promotes public trust.
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Scalable for organizations of all sizes, the Smarsh platform provides customers with compliance built on confidence. It enables them to strategically future-proof as new communication channels are adopted, and to realize more insight and value from the data in their archive. Customers strengthen their compliance and e-discovery initiatives and benefit from the productive use of email, social media, mobile/text messaging, instant messaging and collaboration, web, and voice channels.
Smarsh serves a global client base that spans the top banks in North America and Europe, along with leading brokerage firms, insurers, and registered investment advisors. Smarsh also enables state and local government agencies to meet their public records and e-discovery requirements. For more information, visit www.smarsh.com.
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