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Below is a list of information that is exempt or situation where infomation is exempt from the Open Public Records Act.
OPRA Exemptions - Reasons for Denial (N.J.S.A. 47:1A-1.1)
- Inter or intra agency advisory, consultative or deliberative material
- Legislative records
- Law enforcement records
- Medical examiner photos
- Criminal investigatory records not included in N.J.S.A. 47:1A-3b
- Victims’ records
- Trade secrets and proprietary commercial or financial information
- Any record within the attorney-client privilege
- Administrative or technical information on computer hardware, software and networks which, if disclosed, would jeopardize computer security
- Emergency or security information or procedures for any buildings or facility which, if disclosed, would jeopardize security of the building, facility or persons therein
- Security measures and surveillance techniques which, if disclosed, would create a risk to the safety of persons, property, electronic data or software
- Information which would give an advantage to competitors or bidders
- Information generated by or on behalf of public employers or employees in connection with
- Any sexual harassment complaint filed with a public employer
- Any grievance filed by or against as employee
- Collective negotiations documents and statements of strategy or negotiating
- Communications between an agency and its insurance carrier, administrative services organization or risk management office
- Information that is to be kept confidential pursuant to court order
- US government issued Certificate of honorable discharge (DD-214)
- Social security numbers
- Credit card numbers
- Unlisted telephone numbers
- Drivers’ license numbers
- Certain records of higher education institutions
- Violates a citizen’s reasonable expectation of privacy – N.J.S.A. 47:1A-1
- Biotechnology trade secrets - N.J.S.A. 47:1A-1.2
- Convicts requesting their victim’s records – N.J.S.A. 46:1A-2.2
- Non-law enforcement ongoing investigations if inimical to public interest – N.J.S.A. 47:1A-3
- Public defender records – N.J.SA. 47:1A-5 k
- Other exemptions established by State or federal statute, regulation, Executive Order or Rules of Court; or privilege or grant of confidentiality established or recognized by the Constitution of NJ, statute, court rule or judicial case law – N.J.S.A. 47:1A-9 * (specified below)
- Personnel and pension records – information that can be obtained includes: individual’s name, title, position, salary, payroll record, length of service, date of separation, reason for separation, amount and type of pension received, data which discloses conformity with qualifications for employment or receipt of pension – N.J.S.A. 47:1A-10
Executive Order 21 (McGreevey 2002)
- Disclosure would interfere with ability to protect and defend against acts of sabotage or terrorism or would increase risk or consequences thereof
- Records exempted by State agencies’ proposed rules
Executive Order 26 (McGreevey 2002)
- Resumes, applications and other information about job applicants during recruitment
- Medical, psychiatric or psychological history, diagnosis, treatment or evaluation information
- Information in a personal income or other tax return
- Information describing a natural person’s finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness except as otherwise required by law to be disclosed
- Test questions, scoring keys and other examination data pertaining to the administration of an examination for public employment or licensing
- Records in the possession of another department when those records are made confidential by regulation or Executive Order 9
Improper Request
- A general request for information
- An open-ended request that fails to identify records with particularity
- An overbroad blanket request for records
- A request for research by the custodian
MAG Entertainment v. Div. of ABC, 375 N.J.Super. 534, 546 (App.Div. 2005); New Jersey Builders Association v. New Jersey Council On Affordable Housing, 390 N.J. Super. 166 (App. Div. 2007); Gannett New Jersey Partners L.P. v. County of Middlesex, 379 N.J. Super. 205 (App. Div. 2005).
* The specific “other” exemptions relied on are: |
Request
for Government Records Form 