This bill was recently introduced. Email the authors to let them know what you think about it.
Assembly Member Ward's proposal to modify California's Information Practices Act of 1977 refines the judicial procedures for individuals seeking access to agency records. The legislation addresses the process by which courts evaluate agency decisions to withhold records from public disclosure.
The bill outlines specific parameters for judicial review in cases where individuals challenge agency record withholding. Courts would conduct de novo reviews of these cases, examining agency records in private chambers when necessary to determine if exemptions to disclosure are warranted. The legislation places the responsibility on agencies to justify their decisions to withhold records.
Under the proposed changes, courts must require agencies to pay reasonable attorney's fees and litigation costs when complainants prevail in these cases. This requirement applies even when complainants achieve partial victories or do not prevail against all parties involved. The measure maintains existing provisions that allow courts to order agencies to produce improperly withheld records and issue injunctions against continued withholding.
The legislation operates within the framework of the Information Practices Act of 1977, which established the initial right of individuals to pursue legal action when agencies deny access to records. While the Legislative Counsel's Digest characterizes these modifications as nonsubstantive, the bill codifies specific judicial review procedures and cost allocation requirements for these cases.