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California Supreme Court Puts Ruling Exempting Private Electronic Communications from Public Records Act on Hold
On Wednesday, June 25, 2014, the California Supreme Court nullified a recent Court of Appeal opinion that held that written communications by public officials on their private electronic devices/accounts were not “public records.” (See Electronic Communications Through Private Accounts/Devices Are Not Public Records for a detailed analysis of the opinion in City of San Jose v. Superior Court.) In granting review of the case on Wednesday, the Supreme Court signaled not only its intent to weigh in on the questions raised by the case, but also effectively invalidated the Court of Appeal’s opinion. Therefore, the Court of Appeal’s opinion exempting such records from disclosure is no longer in effect.
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