What is a Public Record?

What is a “government record?”

OPRA’s definition of a government record expands the Right to Know Law’s 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 (emphasis added).]

Simply stated, a “government record” means any record that has been made, maintained, or kept on file, or that has been received in the course of official business.
OPRA covers more than just paper records. Under OPRA, a “government record” includes printed records, tape recordings, microfilm, electronically stored records and information (including e-mails, text messages, social media records, and data sets stored in a database), books, maps, photographs, etc.

Exceptions

  • Where a record does not exist and one must be created to respond to a request.
  • Information that would jeopardize security.
  • If the record is electronic, the municipality is not obligated to provide the software to view the record.
  • Personal Information such as social security number, driver licence number, unlisted phone number
  • Public Defender files