What are some records that cannot be disclosed?

Some exceptions to disclosure include:

  • Administrative or technical information about computers which, if disclosed, would jeopardize their security; Emergency or security information regarding any building or facility which, if disclosed, would compromise the security
  • Any record within the attorney-client privilege
  • Files maintained by the public defender, in any case, considered confidential
  • Information about sexual harassment complaints or grievances, and information between an agency and an insurer
  • Information kept confidential under a court order
  • The information which, if disclosed, would give an advantage to competitors or bidders
  • Inter- or intra-agency "advisory, consultative, or deliberative material"
  • Personal information such as social security, drivers license, credit card, and unlisted phone numbers (additional protections are granted to victims of crimes)
  • Security or surveillance information which, if disclosed, could risk the general safety of the public
  • Trade secrets or proprietary commercial or financial information

For more specific information about exceptions, contact the "records custodian" in the public agency that has the records you want to access or contact the Government Records Council.

Special circumstances

Under Open Public Records Act (OPRA), criminal investigative records, in general, are not available to the public. Further, if the person making the request has been convicted of an indictable offense in New Jersey or elsewhere, he or she may not have access to personal information about his or her victim or the victim’s family. To comply with this provision, some agencies have developed records request forms that require the requester to certify that he or she has not been convicted of an indictable offense. (A government record containing such information may only be released subsequently if it is needed in the defense of the requester.)

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1. Why is there an Open Public Records Act?
2. What is the policy behind Open Public Records Act (OPRA)?
3. What are government records?
4. What records are accessible to the public?
5. Why are some records exempt from disclosure?
6. What are some records that cannot be disclosed?
7. What entities doesn't Open Public Records Act (OPRA) cover?
8. Whom do I contact to obtain records from public agencies?
9. What do I need to do to request records?
10. Is there a form I have to use?
11. Do I have to pay for copies in advance of receiving them?
12. How soon can I get the records I requested?
13. What happens if my request is denied?
14. What are reasons for denials?
15. Can I ask for a record in a specific format?
16. Can I get immediate access to certain records?
17. How is personal information protected?
18. Does redaction apply to viewing or inspecting records?
19. What is the cost of paper copies of records?
20. What is the Government Records Council?
21. What can the Government Records Council (GRC) do for me if access to records is denied?
22. What is mediation?
23. How will the Government Records Council (GRC) conduct the investigation?
24. What happens if it is going to Superior Court?
25. How can I get more information about the law?
26. What are some definitions from the law?