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Information Security Management and Compliance

Public Records Requests and Response Procedure

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This document outlines procedures for campus response to requests for University Records under the California Public Records Act (Act).

1. Background

   The purpose of the California Public Records Act is to promote “access to information concerning the conduct of the people's business which is a fundamental and necessary right of every person in this state.” Further, the California Constitution makes clear that the public's right of access must be broadly construed, and all exceptions narrowly construed.

   All records maintained by the University are potentially subject to disclosure under this Act, including those in both electronic and hard copy. There are numerous exceptions established by the Act and it is extremely important that records which are excluded from disclosure are not disclosed to the public.

   To ensure that the University produces records in accordance with the Act and does not produce records which are excluded from disclosure under the Act, University procedures which comply with both the Act and CSU policy have been established and are outlined in this document.

2. Definitions

   Public Records

   Public Records are defined to include any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by the University regardless of physical form or characteristics.

   Public Records Act Request

   There can be confusion about what constitutes a request under the Act, an opposed to an ordinary request for information. Obviously, something in writing that formally reference the Act constitutes such a request. But something less formal, which does not reference the Act at all, can also be considered a Public Records Act request. A Public Records Act request does not have to be in writing. The University must comply with an oral request for records, although it is a good idea for purposes of clarity to either request that it be put into writing. When necessary, the record owner may be required to assist the requestor in making a focused and effective request that reasonably identifies an identifiable record or records.

   Writing

   Writing is further broadly defined to include any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing and form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.

3. Procedures

   All requests for University Records requested under the Public Records Act received by any University office or employee must promptly be forwarded to the Office of Information Security Management and Compliance. Since the University has a legal obligation to acknowledge the request in writing within ten-days from receipt, it is extremely important to avoid any delay in providing the request to the Office of Information Security Management and Compliance.

   The Office of Information Security Management and Compliance will take necessary action to ensure that the campus meets all legal requirements of the Act including but not limited to:

   1. determining whether the records requested are subject to the Act;
   2. providing a written response to the requester within 10 days*;
   3. providing notice to the Office of General Counsel and
   4. providing other written notifications to the requestor as required by the Act.

   * Note: It is not necessary to provide the actual records within the ten-day initial response time.
   If records are available for disclosure, they must be made available for inspection or
   copying within a reasonable amount of time based on their volume and complexity.

   Once it has been determined that the records requested are subject to the Act, the Office of Information Security Management and Compliance will work with the records owner to produce and provide the record to the requestor or to make the record available for inspection.

   These procedures have been provided in general terms as the appropriate University response may vary based on the request. The Office of Information Security Management and Compliance will work closely with the records owner to ensure that the University response to a request for public records is made in accordance with the Act.

4. Remedy for Violations of the Public Records Act

   A person who has been denied access to a public record may file a lawsuit to enforce his/her right to inspect or receive a copy of the public record. If the court finds that refusal to disclose the record was unjustified, the court may enter an order requiring its disclosure. The court may also order the University to pay reasonable attorneys' fees and court costs.