R2A1

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While the number of exemptions under the CPRA have made it a far less powerful vehicle for public enlightenment than originally intended, it is important to remember that the CPRA sets merely the "minimum standard" public agencies must meet for disclosing public records. Unless a statute expressly prohibits disclosure, public agencies are free to allow greater access than allowed under the CPRA. Cal.

There are four categories of exemptions to disclosure under the PIA. The first exempts a public record or any part of a public record that is privileged or confidential under law or if inspection of the public record or any part of the public record would be contrary to a state or federal statute or contrary to a regulation issued pursuant to the statute, a rule adopted by the Maryland Court of Appeals, or an order issued by a court of record. § 10-615. Police Patrol Security Systems Inc. v. Prince George's County, 378 Md. 702, 714, 838 A.2d 1191, 1198 (2003).

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In the absence of a specific statute or court rule permitting information to be withheld, a public official has no authority to deny any person access to public records. Denver Publishing Co. v. Dreyfus, 184 Colo. 288, 520 P.2d 104 (1974).

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Exemptions are limited in their nature and scope because the Public Records Law is primarily a disclosure law. Jordan v. MVD, 308 Or. 433, 781 P.2d 1203 (1989). Oregon courts construe exemptions narrowly and presume they do not apply. ORS 192.490(1); Coos County v. Department of Fish & Wildlife, 86 Or. App. 168, 739 P2d 47 (1987).  The “narrow construction” rule means that, if there is a plausible construction of a statute favoring disclosure of public records, that is the construction that prevails.  Colby v. Gunson, 224 Or. App. 666, 199 P.3d 350, (2008).

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