G. Agency obligation to identify basis of redaction or withholding

The CPRA requires an agency to “promptly notify the person making the request of the determination and the reasons thereof.”  Cal. Gov’t Code § 6253(c).  And when the request is in writing, the agency’s “determination that the request is denied, in whole or in part, shall be in writing.” Cal. Gov’t Code § 6255(b).

The Act does not require this, but the Attorney General has ordered agencies to provide the bases of redactions or withholding in public records decisions. Del. Op. Att’y Gen., No. 17-IB06 (Mar. 21, 2017); Del. Op. Att’y Gen., No. 16-IB03 (Mar. 4, 2016).

If records are partially redacted under D.C. Code Ann. § 2-534(b), the agency has an obligation to explain and indicate the redactions:

“In each case, the justification for the deletion shall be explained fully in writing, and the extent of the deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (a) of this section under which the deletion is made. If technically feasible, the extent of the deletion and the specific exemptions shall be indicated at the place in the record where the deletion was made.”

D.C. Code Ann. § 2-534(b).

In any instance in which an agency is required or has decided to withhold all or part of a requested record, the agency is obligated to notify the requester of the specific legal authority relied upon “by Code section, subsection, and paragraph.” O.C.G.A. § 50-18-71(d). The agency is required to provide this notification “within a reasonable amount of time not to exceed three business days” or, in the event of a delay permitted by statute, “then no later than three business days after the records have been retrieved.” Id.

No reported cases.

“If the request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.”

K.S.A. 45-218(d).

If a criminal investigation record is discretionarily closed by a public agency pursuant to K.S.A. 45-221(a)(10), “the record custodian, upon request, shall provide a written citation to the specific provisions of paragraphs (A) through (F) that necessitate closure of that public record.”  K.S.A. 45-221(a)(10).

Denials must explain the specific exemption for withholding the requested material.  G.L. c. 66, § 10(b)(iv).  The denial must include a citation to a statutory or common law exemption, and why the exemption applies to the material requested.  Guide to Mass. Pub. Recs. Law at 8 (Sec’y of State, rev. Jan. 2017), https://www.sec.state.ma.us/pre/prepdf/guide.pdf.

Mont. Code Ann. § 2-6-1009(1) states that a public agency that denies a request to release information or records "shall provide a written explanation for the denial."

There is no obligation to identify basis of redaction or withholding in IPRA.

Public officials and public bodies bear the burden of establishing records are protected by an exemption, exception, confidential privilege, etc. 51 O.S. § 24A.2; 1995 OK AG 97.

The Public Records Act requires that, in the event the state agency redacts or withholds information in response to a public records request, the “agency shall redact the information it considers to be exempt and produce the record accompanied by an explanation of the basis for denial of the redacted information.”  1 V.S.A. § 318(e).

“If an authority denies a written request in whole or in part, the requestor shall receive from the authority a written statement of the reasons for denying the written request.” Wis. Stat. § 19.35(4)(b).