New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S2358

Introduced
3/21/22  

Caption

Permits government records custodians to redact certain personal information.

Impact

The bill affects various state laws related to the New Jersey Open Public Records Act (OPRA) by permitting custodians to withhold information that is deemed to have a reasonable expectation of privacy. Specifically, it codifies the precedent set by the court case Burnett v. County of Bergen, reinforcing the notion that personal information should not be indiscriminately available to the public if its disclosure could lead to harm or invasion of privacy. This change is anticipated to reshape the standards for what constitutes acceptable transparency, thereby aligning it more closely with contemporary privacy expectations.

Summary

Senate Bill 2358, introduced in New Jersey, aims to enhance the protection of personal information in government records by allowing custodians to redact sensitive details such as mailing addresses, phone numbers, and email addresses before public release. This bill is seen as a response to increasing concerns about privacy and the potential for identity theft and harassment stemming from the accessibility of public records. By redefining the boundaries of public access, the bill seeks to safeguard citizens' personal data while maintaining the overall transparency of government operations.

Contention

While proponents argue that the bill will effectively protect citizens' privacy and reduce risks associated with identity theft and unsolicited communications, critics express concern that the legislation might inadvertently obstruct legitimate access to information necessary for public oversight. By narrowing the scope of what can be publicly disclosed, there is a fear that accountability may suffer as constituents find it harder to access pertinent information regarding government actions and agency conduct. The balance between transparency and privacy is at the heart of the debate surrounding SB 2358, with both sides advocating for their respective interests in the public sphere.

Companion Bills

NJ A2230

Same As Permits government records custodians to redact certain personal information.

Similar Bills

NJ A2230

Permits government records custodians to redact certain personal information.

NJ S1262

Permits government records custodians to redact certain personal information.

NJ A1626

Permits government records custodians to redact certain personal information.

NJ S640

Permits municipalities and counties to require requestor of government record to obtain records from agency website.

NJ S1664

Permits municipalities and counties to require requestor of government record to obtain records from agency website.

NJ A3437

Creates searchable website for certain records available through open public records request.

NJ A1235

Creates searchable website for certain records available through open public records request.

NJ A2541

Clarifies that electronic public records do not have to be converted to different electronic formats under the State's open public records law.