A recent California appellate court decision underscores the sanctity of the attorney-client privilege — holding that even an in camera review of claimed privileged communications is not permitted. This applies even though a...more
A city’s ability to access electronically stored data does not equal possession of that data under the Public Records Act, a California appellate court recently ruled....more
In September 2018, Governor Jerry Brown signed Senate Bill 1421, amending sections of California's Penal Code to allow the public to obtain some peace and custodial officer (collectively, peace officer) records with a...more
In the first court ruling on Senate Bill 1421, a judge held that the new California law only applies prospectively, but still requires disclosure of pre-2019 police personnel records in response to Public Record Act requests...more
While an almost exhaustive amount of information can be sought via a Public Records Act request, the right to inspect public records is not without limits. ...more
Senate Bill 1421, which dramatically changed the scope of a public peace officer record, has generated a number of legal challenges since it went into effect on Jan. 1....more
Senate Bill 1421 affords the public access to police personnel records related to reports, investigations and findings, via the California Public Records Act process (not the familiar Pitchess process)....more
At times, e-discovery principles are used only in terms of civil litigation, but in today’s environment, there is as much financial exposure in PRA litigation. Now is the time to get familiar with electronically stored...more
The State Bar of California does not have to create records to fulfill a request for bar applicant data under the Public Records Act, an appellate court decided. ...more
Social media is the modern-day public square.
Facebook, Twitter and other social media platforms have effectively harnessed technology to turn communication into an interactive dialogue — fundamentally shifting the way...more
A Public Records Act requester is not entitled to attorneys’ fees from a public agency when a third party intervenes to stop the agency from producing the requested records, a California appellate court recently ruled. Third...more
When does a public employee’s personal privacy interests outweigh the public’s right to access records?
Originally Published in PublicCEO - July 18,2018....more
Although it may not feel like it, public employees and elected officials still maintain their rights to privacy and free speech, but is there a bright line? In this webinar, Best Best & Krieger LLP attorneys HongDao Nguyen...more
Best Best & Krieger LLP attorney Christine Wood provides a brief overview of the California Supreme Court’s decision in the San Jose v. Superior Court case relating to Public Records Act requests and discusses the technology...more
In this webinar, Best Best & Krieger LLP attorney Christine Wood explains how public agencies can create an email retention policy that helps reduce PRA production costs. This webinar covers the basics of a good email...more
6/22/2018
/ Best Practices ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
e-Discovery ,
Electronic Devices ,
Electronic Records ,
Email ,
Email Policies ,
Municipalities ,
Prudential Regulation Authority (PRA) ,
Public Agencies ,
Public Disclosure ,
Public Records ,
Record Retention ,
Social Media ,
Special Districts
If a public official creates a public forum from his or her social media account — even if the account was established before taking office — the official cannot block people from the account in response to the person...more
It’s no secret: Public agencies are inundated with files.
A rise in digital records coupled with the use of personal devices, email accounts and diverse communication channels has lead electronic records to become...more
In this webinar, Best Best & Krieger LLP attorney Christine Wood explains how public agencies can create an email retention policy that helps reduce PRA production costs. This webinar covers the basics of a good email...more
Reversing a lower court, a California appellate court found that a newspaper could recover attorneys’ fees under the Private Attorney General Statute in a Public Records Act suit. The Second District Court of Appeal decision...more
In Pasadena Police Officers Association v. City of Pasadena, the Second District Court of Appeal made an interesting observation about the effect of the Public Records Act’s time requirement for a response to a PRA request...more
A California Court of Appeal upheld a decision to drastically reduce an attorney fee award request against the City of Pasadena to a newspaper in a Public Records Act litigation — a decision that should bring relief to public...more