Open Public Records ... Not So Open?

There is a nonprofit organization in the state of New Jersey named the Foundation for Open Government, or NJFOG. It has just initiated a lawsuit against the Government Records Council (GRC), a state agency responsible for satisfying citizens' requests for public records. Why the lawsuit, you ask?

It all began back in March, when NJFOG requested that GRC produce all the denied e-mail requests for public records they've received since the beginning of the year. The GRC did provide copies of 69 e-mails; however, all the e-mail addresses were blocked. GRC claimed it was its responsibility to protect these individuals' privacy.

Yet, NJFOG has valid reasons for seeking the email addresses, and GRC's refusal to cooperate is hindering its very function. The main purpose of NJFOG is to offer assistance to the public, especially since many can't afford to hire an attorney to assist with their complaints against GRC. The nonprofit also uses email access to further its mission and recruit new members and volunteers. In essence, NJFOG exists to scrutinize GRC and its effectiveness at complaint resolution.

So, NJFOG isn't buying the GRC's "privacy protection" premise. The organization believes GRC is trying to shield itself from citizen scrutiny. The agency is breaking the very law it is meant to uphold, which is to protect the rights of people whose requests for public records were denied.

The nonprofit group claims that the agency is in contempt of the state's Open Public Records Act (OPRA). The attorney for NJFOG, who specializes in public records grievances, is optimistic. Stay tuned - the hearing is in June.