California Public Records Act: cyberattacks.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill amends California’s Public Records Act to clarify the circumstances under which agencies can extend deadlines for responding to public records requests. Specifically, it adds ‘a cyberattack’ as an ‘unusual circumstance’ that allows for an extension until the agency can regain access to its electronic systems. The bill also includes legislative findings to support the constitutional requirements for limiting public access to meetings and writings while balancing the right to timely access to records, and clarifies that no reimbursement is required for the changes made.
Key provisions
- Defines ‘unusual circumstances’ to include the inability of an agency to access electronic servers due to a cyberattack.
- Allows for an extension of response deadlines until the agency restores access to its electronic systems.
- Expands the definition of ‘unusual circumstances’ to include state of emergencies directly affecting agency responsiveness.
- Includes legislative findings to align with constitutional requirements regarding public access limitations.
- States that no reimbursement is required for the changes made to the Public Records Act.
- Clarifies that the extension does not apply to records maintained offline or in non-electronic formats.
- Specifies the California Emergency Services Act section that defines ‘state of emergency’ for the purposes of this bill.
- Requires agencies to notify requesters of extensions and the reasons for them.
Who is affected
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Sponsors
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1 on record
Primary sponsor
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