ACCESS WATCH : Keep Data Flowing

Public access to public records should be a given in a society that prides itself on being open and free. Unfortunately, two 1993 state court decisions allow law enforcement agencies to set strict limits on the release of even the most basic crime-related information. In response, a state Senate bill has been proposed to restore appropriate access.

Before the 1993 rulings, California law already granted police agencies broad power to withhold information from the public. Internal memos, records concerning pending litigation, personnel files and other information relating to security, intelligence or disciplinary actions are exempted by the state public records act. Such protections should be enough to safeguard police records. Yet the court rulings--Williams vs. Superior Court and County of Los Angeles vs. Superior Court--went further. They, in effect, allowed police agencies to make public only the so-called “blotter sheet” information, which is data concerning arrests and crimes in an area.

SB 1460, authored by state Sen. Charles M. Calderon (D-Whittier), would address the inequities created by the courts. The bill would amend the California Public Records Act by opening investigatory files to the public once the need for secrecy had elapsed. It would also bring the state law into compliance with the federal Freedom of Information Act.

Like current law, Calderon’s bill contains a number of provisions to deal with police concerns. But unlike the court decisions it also balances that against the public interest.