Public Records Access V. Privacy: California's Struggle

Law360, New York (December 15, 2016, 10:26 AM EST) -- Louie Castoria

Aaron Cargain California's Supreme Court has taken under submission a case that will determine whether public employees' communications on personal devices are subject to public disclosure under the state's Public Records Act or are shielded by its constitutional right of privacy.

The decision could allow disclosure of privately made though work-related comments, ranging from attempts to conduct public business away from public scrutiny, to a text saying, "I hate my boss," an example used by several members of the court during oral arguments held on Dec. 7, 2016. As Associate Justice Goodwin Liu commented, "Every jurisdiction in California will...

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