407 West State Street, Trenton, NJ 08618  (609)695-3481  NJ League of Municipalities 
William G. Dressel Jr, Executive Director - Michael J. Darcey, CAE, Asst Executive Director
NEW JERSEY LEAGUE OF MUNICIPALITIES SEMINAR
ACCESS TO RECORDS AMENDMENT, P.L.2001, C. 404
The Exceptions: A Summary of Items That Are Not Considered "Government Records" Under the Act, or Are Otherwise Excepted From Disclosure Under the Act
  1. Inter-agency or intra-agency advisory, consultative, or deliberative material. (See definition of "Government record," N.J.S.A.47:1A-1.)
  2. Information received by member of State Senate or Assembly regarding a constituent. (See definition of "Government record," N.J.S.A.47:1A-1.)
  3. Memoranda, letters, notes, reports and any other communication prepared for the use of a member of the State Senate or Assembly. (See definition of "Government record," N.J.S.A.47:1A-1.)
  4. Photographs, negatives and copies thereof, or videotapes, of a decedent relating to a post mortem examination or autopsy. (See definition of "Government record," N.J.S.A.47:1A-1, and note that there are exceptions to this exception.)
  5. Records maintained by a law enforcement agency that are not required by law to be made and which pertain to a criminal investigation or related civil enforcement proceedings. (See definition of "Government record," N.J.S.A.47:1A-1, and note that there are exceptions to this exception as set forth in N.J.S.A.47:1A-3.b.)
  6. Records held by a victim rights organization, such as a domestic violence shelter, pertaining to the victim of a crime, except that the victim may have access to his/her own records. (See definition of "Government record," N.J.S.A.47:1A-1.)
  7. Trade secrets; proprietary commercial or financial information. This includes data processing software obtained pursuant to a licensing agreement prohibiting disclosure. (See definition of "Government record," N.J.S.A.47:1A-1.)
  8. Records within the attorney-client privilege. (See definition of "Government record," N.J.S.A.47:1A-1.)
  9. "Administrative or technical information regarding computer hardware, software and networks which, if disclosed, would jeopardize computer security." (See definition of "Government record," N.J.S.A.47:1A-1.)
  10. Buildings and facilities emergency procedures and security information. (See definition of "Government record," N.J.S.A.47:1A-1.)
  11. Security and surveillance measures which, if disclosed, would create safety risks for persons, property, electronic data or software. (See definition of "Government record," N.J.S.A.47:1A-1.)
  12. Information that would give an advantage to competitors or bidders. (See definition of "Government record," N.J.S.A.47:1A-1.)
  13. Information pertaining to sexual harassment complaints filed with public employers. (See definition of "Government record," N.J.S.A.47:1A-1.)
  14. Information pertaining to any grievance . (See definition of "Government record," N.J.S.A.47:1A-1.)
  15. Information pertaining to collective negotiations, including documents containing negotiating strategies. (See definition of "Government record," N.J.S.A.47:1A-1, and note that it is assumed "collective negotiations" means "collective bargaining negotiations.")
  16. Communications with the public agency's insurance carrier, administrative service organization or risk management office. (See definition of "Government record," N.J.S.A.47:1A-1.)
  17. Information to be kept confidential pursuant to court order. (See definition of "Government record," N.J.S.A.47:1A-1.)
  18. The portion of any document disclosing social security, credit card, unlisted phone or driver license numbers. (See definition of "Government record," N.J.S.A.47:1A, but note that there are numerous exceptions to this exception.)
  19. Various records of public institutions of higher education. (See definition of "Government record," N.J.S.A.47:1A-1 for more specific list.)
  20. Biotechnology trade secrets as restricted by federal law. (See N.J.S.A.47:1A-1.2).
  21. Personal information regarding the victim of a crime when the information is being sought by the convict who wronged the victim or by anonymous request. (See N.J.S.A.47:1A-2.2.)
  22. Records of an investigation in progress where release is inimical to the public interest. (See N.J.S.A.47:1A-3.a, and note that there are exceptions to this exception.)
  23. Files maintained by the Office of the Public Defender that relate to the handling of a case. (See N.J.S.A.47:1A-5.k.)
  24. Records heretofore exempt from disclosure under any other statute; resolution of either or both Houses of the Legislature; regulation promulgated under authority of any statute or Executive Order; Executive Order; Rules of Court or; federal law, regulation or order. (See N.J.S.A.47:1A-9.a.)
  25. Records heretofore exempt from disclosure pursuant to any executive or legislative privilege or grant of confidentiality established by State Constitution, statute, court rule or case law. (See N.J.S.A.47:1A-9.b.)
  26. Personnel and pension records, including records relating to grievances filed by or against an individual. (See N.J.S.A.47:1A-10, and note that are numerous exceptions to this exception. Without limitation, an employee's salary, date of separation and reason for separation are accessible.)

P.L.2001, c. 404 represents a lengthy and comprehensive revision of New Jersey laws governing public access. The above list should not be construed as legal advice. The reader is advised (1) to consult directly with his or her own attorney on specific questions the reader may have regarding the Act, and (2) to read the Act in full.

Prepared By Kristina P. Hadinger, Esq., from the law firm of Mason, Griffin & Pierson
February 22, 2002

 

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