What the Amended OPRA Law Means for Custodians and Compliance

Understanding the New Responsibilities Under OPRA

The amendments to the Open Public Records Act (OPRA) are here, and they herald a shift not just in how public records are accessed but also in the duties that custodians must now shoulder. While these changes aim to make compliance easier for public bodies—and ultimately save taxpayer dollars—they unknowingly complicate the landscape for record keepers.

More Work for Custodians: What’s New?

Custodians will now face new responsibilities as they navigate the updated law. Amongst the changes, the requirement to redact 'personal identifying information' has expanded. This includes not just the usual data but also details like credit card numbers, bank accounts, and even specific birth dates. The burden of ensuring all this information is secured will undoubtedly increase the workload, necessitating meticulous attention to detail on the part of custodians.

Challenges in Metadata Management

In addition to redaction, custodians must now sift through metadata meticulously. The amended OPRA states that while this data is generally exempt, portions that identify authorship and the timing of edits must be made available. This adds a layer of complexity that may lead to increased training and resource allocation for custodians, reducing efficiency gains intended by the amendments.

Public Accessibility of Records

Another significant change is the requirement for public records to be accessible on a website where feasible. While this aspect of transparency is crucial, it also means custodians must be well-versed in the platforms hosting these records and be ready to guide requestors in navigating them. The increased pressure to fulfill requests efficiently could further strain resources, raising concerns about potential delays in public access.

Implications for Commercial Requestors

Finally, custodians must adapt to new guidelines concerning requests for commercial purposes, which must be managed within a designated timeframe. This fast-tracking of commercial requests could create challenges for custodians balancing competing demands on their time and resources. Such changes may even stir disputes, particularly around interpretation and compliance, adding yet another layer of complexity to their role.

The implications of these amendments stretch beyond operational changes—they also may trigger legal disputes as public bodies and custodians adjust to the new laws. As such, it’s vital for custodians to stay informed and prepared for these challenges. Continuous training and resource allocation will be key in navigating these complexities effectively.

Stay tuned for future discussions on navigating the potential legal issues posed by these amendments and how custodians can adapt.