Court Confirms Public Records Law

 

Court Confirms Public Records Law

Although the California Public Records Act (CPRA) requires state and local government records to be provided to anyone requesting them for no more than the cost of duplication, until recently, 21 of California's 58 counties sold their GIS digital parcel basemap data for significantly higher prices. In October 2005, the California Attorney General issued an official opinion stating that digital parcel data is subject to public inspection and copying under provisions of the CPRA (http://ag.ca.gov/opinions/yearly_index.php?year=2005, Look for 04-1105).

Subsequently, eight counties changed their data distribution policy, and now offer their GIS basemap data for free or nominal cost. However, 13 counties still maintain a high-cost data distribution policy, contending that GIS basemap data is exempt from the CPRA. They assert that the A.G.'s opinion does not have the force of law - only a Judicial judgment can confirm or deny their policy. Now, as of May 18, 2007, such a judgment has been rendered.

The California First Amendment Coalition (CFAC) took Santa Clara County to court after the county denied CFAC's request for the county's GIS basemap data at the cost of duplication and with no other restrictions on how it might be used or redistributed. Judge James P. Kleinberg of the California Superior Court for Santa Clara County reviewed the many arguments and rebuttals of the case over three months, and issued the Court's decision in favor of CFAC. Judge Kleinberg directed Santa Clara County to:
1. Provide CFAC with an electronic copy of the GIS basemap, and
2. Charge CFAC the direct cost for the copy provided.

The decision affirms the legislative intent stated in the CPRA (Government Code §6250) that "access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state."

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