A three-judge panel of the New Jersey Appellate Division ruled [opinion, PDF] Wednesday that when asked for public records under New Jersey’s Sunshine Law, agencies may “neither confirm nor deny” their existence. The case centered around a state law, similar to the federal Freedom of Information Act (FOIA), called the Open Public Record Act (OPRA). In 2013, a member of the North Jersey Media Group had requested documents under the OPRA relating to 911 calls and complaints regarding a catholic priest [North Jersey Media report]. The only other state that authorizes such a response is Indiana, which did so via statute.

Freedom of Information and governmental transparency has been a controversial topic in the last several years, most famously brought to the public eye through the actions of Edward Snowden [JURIST archive]. OPRA [text] was established in 2002 and operates a system whereby a New Jersey citizen may submit requests for public documents, operating on a state level very similarly as FOIA does nationally. FOIA [text] was passed in 1966 under President Lyndon Johnson and has been repeatedly updated by Congress through amendments. The purpose of the act is to provide government documents and materials to the public upon a valid request, but it has come under criticism throughout the years for being overly burdened and sluggish in producing documents [JURIST report]. Upon his first full day in office, President Barack Obama issued a memorandum dictating that “[t]he Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails” [official memorandum].