California Senate Bill SB657

California 2017-2018 Regular Session

• Introduced: 2/17/17
• Refer: 3/9/17
• Failed: 2/1/18

Caption

California Public Records Act: reverse public records actions.

Impact

If implemented, SB 657 will significantly alter how reverse public records actions are conducted in California. The bill mandates that courts treat these actions as if they have been initiated by the requestor, offering them a voice in the proceedings and obligating the entity that initiated the reverse claim to provide proof of service to the court. This change aims to streamline the judicial process surrounding public records and to uphold the public's right to access information while balancing it against confidentiality concerns.

Summary

Senate Bill 657, introduced by Senator Bates, aims to amend the California Public Records Act by establishing specific guidelines for what are known as 'reverse public records actions.' These are legal actions initiated by third parties to prevent public agencies from disclosing requested records. The bill seeks to clarify the role of the requestor in these actions, ensuring that they are recognized as a real party of interest and entitled to participate in the proceedings. This amendment emphasizes transparency in the legal process and the rights of individuals seeking access to public records.

Contention

There are notable points of contention regarding SB 657. Critics express concerns that the provisions may inadvertently discourage entities from seeking to protect sensitive information, thereby increasing the likelihood of unnecessary disclosures. Additionally, there may be debates over whether the bill adequately addresses the needs of public agencies who could face legal burdens from the myriad of reverse actions. Supporters argue that the increased clarity and emphasis on accountability in managing public records will strengthen public trust and ensure fairness in the legal system.