April 27, 2009

NJ Supreme Court Rules That Bulk Requestor Must Pay Redaction Costs

In a five to two decision, released today, the New Jersey Supreme Court held that Bergen County is allowed to redact any social security numbers that may exist in about eight million pages of land records before releasing them to the requestor and that the cost of redaction must be borne by the requestor.

In a dissent, two Justices argued that while the county could redact the social security numbers, OPRA does not allow it to pass the redaction cost to the requestor.

The following sentence is quoted from the dissent: "Today's majority opinion will significantly close the door to the Open Public Records Act and potentially have far-reaching adverse consequences to the dissemination of information maintained in state governmental offices."

The decision is on-line here >

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