New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A3145

Introduced
3/7/22  

Caption

Prohibits open public records requests for commercial purposes.

Impact

The impact of A3145 includes a change in how public access to records is conducted, particularly with regard to requests that are made for economic gain. By limiting access for commercial purposes, the bill may deter certain types of inquiries that could lead to the misuse of government records for profit, which proponents argue enhances government accountability and protects sensitive information. At the same time, it may complicate access for legitimate stakeholders who could potentially benefit from the data for non-commercial uses.

Summary

Assembly Bill A3145 aims to amend existing public records laws in New Jersey by prohibiting open public records requests made for commercial purposes. The bill establishes a clear definition of what constitutes a 'commercial purpose' and requires requestors to certify that the information sought will not be used for such purposes. This bill seeks to protect government data from exploitation by commercial entities, ensuring that government records are not leveraged for profit motives. Notably, the bill does exempt activities by the news media and educational organizations from this restriction, acknowledging their role in public information dissemination.

Contention

There is potential contention surrounding the interpretation of what qualifies as commercial use, as this may be subject to varying perspectives. While some stakeholders are concerned about the implications for businesses and organizations that rely on public data for research or informative purposes, others see this as a necessary step to ensure that government resources are used transparently and ethically. The implementation of penalties for failing to certify the purpose of the requests adds a layer of enforcement, which could raise questions regarding compliance and oversight in practical terms.

Companion Bills

NJ S919

Same As Prohibits open public records requests for commercial purposes.

Previously Filed As

NJ A2154

Prohibits open public records requests for commercial purposes.

NJ S2415

Prohibits open public records requests for commercial purposes.

NJ S919

Prohibits open public records requests for commercial purposes.

NJ A782

Permits special service charge for commercial purpose public records requests; increases time to respond to commercial requests; provides penalty for failure to certify commercial purpose request.

NJ A1513

Permits special service charge for commercial purpose public records requests; increases time to respond to commercial requests; provides penalty for failure to certify commercial purpose request.

NJ A5613

Makes various changes to process for requesting access to government records for commercial purposes.

NJ A3438

Prohibits release of police internal investigation information under State's open public records law.

NJ A753

Omits State Police detectives from Open Public Records Act.

NJ A1608

Omits State Police detectives from Open Public Records Act.

NJ S1482

Includes e-mail addresses in list of confidential items to be redacted from public records under open public records act.

Similar Bills

NJ A782

Permits special service charge for commercial purpose public records requests; increases time to respond to commercial requests; provides penalty for failure to certify commercial purpose request.

NJ A1513

Permits special service charge for commercial purpose public records requests; increases time to respond to commercial requests; provides penalty for failure to certify commercial purpose request.

NJ A2154

Prohibits open public records requests for commercial purposes.

NJ S919

Prohibits open public records requests for commercial purposes.

NJ A5613

Makes various changes to process for requesting access to government records for commercial purposes.

NJ S2415

Prohibits open public records requests for commercial purposes.

NJ A5699

Expands "Daniel's Law" to prohibit disclosure of personal information concerning certain court administrators.

NJ A5875

Expands "Daniel's Law" to prohibit disclosure of personal information of members of NJ Legislature.