California Advanced Records Center Updates – What’s New in 2026
New Legislation in 2026 Related to the California Public Records Act
In the Advanced Records Center (ARC) installment of the 2026 New Laws series from Best Best & Krieger LLP (BBK), new legislation related to the California Public Records Act (PRA) includes takeaways and analyses of AB 1147, AB 343, AB 847, AB 1178, AB 1388, AB 370, AB 1004, SB 851 and SB 635.
Regional Centers Subject to PRA Requirements
In 1969, the Legislature enacted the Lanterman Developmental Disabilities Services Act, which designated the State Department of Developmental Services (Department) as responsible for providing essential services and support to individuals with developmental disabilities while ensuring the quality and appropriateness of those services. Under this law, the Department partners with community-based nonprofit regional centers to deliver these services and support to individuals in need. Regional centers conduct assessments, determine eligibility for services, and provide case management support. They also develop, purchase and coordinate individualized services for recipients.
AB 1147 amends the Government and Welfare and Institutions Code to establish that each of the 21 regional centers that serve nearly 500,000 Californians with developmental disabilities is subject to the PRA beginning January 1, 2026, in order to increase transparency into regional center operations.
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Expanded Privacy Protections for Elected Officials
The PRA exempts from disclosure specified information related to elected or appointed officials. This bill expands the definition of an “elected or appointed official” under Government Code § 7920.500 to include: retired judges or court commissioners, an active or retired judge of the State Bar Court, a retired federal judge or federal defender, a retired judge of a federally recognized Indian tribe, and a court appointee serving as children’s counsel in family or dependency proceedings.
This section protects personal information such as residential addresses and personal telephone numbers of elected or appointed officials from disclosure. The rationale for the protection of this information is that the need to protect elected or appointed officials and their families from harassment or targeted violence outweighs the interest in public disclosure of this information.
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Peace Officers Confidentiality of Records
Historically, police personnel records are confidential and exempt from disclosure, with an exception for disclosures to support investigations of these officers by their employing agencies and related proceedings conducted by a grand jury, a district attorney’s office, or the attorney general’s office. In the rare instance when disclosure is permitted, existing law authorizes an agency to redact the records to remove personal data or information, as specified, and where there is a specific, articulable and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer or another person.
AB 847 amends Penal Code § 832.7 by extending the list of entities that may access otherwise confidential information to include civilian law enforcement oversight boards or commissions during investigations, or related proceedings, concerning the conduct of the officers. The oversight boards must maintain the confidentiality of the records.
AB 1178 amends Penal Code § 832.7 further by requiring a court to consider whether a particular peace officer is currently operating undercover and whether their duties demand anonymity when determining whether there is a specific, articulable and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of a person.
AB 1388 adds to Penal Code § 13545 to prohibit a law enforcement agency from entering into a settlement agreement with a peace officer who has a pending complaint of misconduct if the settlement agreement includes a provision that requires the agency to keep the misconduct confidential.
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PRA Response Timing in Unusual Circumstances
Under existing law, the PRA requires each agency, within 10 days of receiving a request, to determine whether the agency is in possession of potentially responsive records and provide the requestor a determination. In the case of an unusual circumstance, the time limit to make this determination can be extended by no more than 14 days. This bill amends Government Code § 7922.535 to revise the definition of unusual circumstances to include instances where a cyberattack prevents an agency from accessing electronic servers or systems in order to search for and obtain a record that the agency believes is responsive. The extension would apply only until the agency regains its ability to access its electronic servers or systems.
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Tribal Financial Information Public Records Exemption
AB 1004 amends Government Code § 7930.205 to make any record that contains financial information provided by an Indian tribe to a state or local agency, as a condition of or requirement for receiving financial assistance, confidential. Further, this bill requires that each state or local agency agreement or contract with an Indian tribe related to financial assistance contain a provision stating that any financial information disclosed pursuant to the agreement or contract shall remain confidential and is not a public record.
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Election Records
Amending Revenue and Taxation Code §§ 17052.10 and 19904, SB 851 requires a state or local agency or political subdivision to provide written notice to the secretary of state and the attorney general within three days whenever the agency files or is served with a court action relating to elections that contains a claim arising under federal law. Further, the bill requires a state or local agency or political subdivision to provide notice to the secretary of state and the attorney general at least 14 days before entering into a settlement, consent decree or other court-approved agreement. Records or information exchanged pursuant to this provision are exempt from the PRA.
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Street Vendor Business Protection Act
Existing law authorizes local authorities to adopt a program to regulate sidewalk vendors. SB 635 amends the Government Code and Health and Safety Code to require a subpoena or judicial warrant in order for local authorities to disclose a sidewalk vendor’s personally identifiable information to any individual, including an individual’s name, business name, home address, business address/location, birthdate, telephone number, California driver’s license or identification. The sidewalk vendor’s personally identifiable information is likewise exempt from disclosure under the PRA.
Further, this bill prohibits local authorities from inquiring into or collecting information about an individual’s immigration or citizenship status, place of birth or individual criminal history. It also prohibits local authorities from requiring an applicant to submit fingerprints, complete a LiveScan fingerprint or submit to a background check as part of an application for a permit or business license. If local authorities had previously collected such information or documentation prior to January 1, 2026, the authorities must destroy these records on or before March 1, 2026, unless required by law to preserve the record.
LiveScan fingerprint or submit to a background check as part of an application for a permit or business license. If local authorities had previously collected such information or documentation prior to January 1, 2026, the authorities must destroy these records on or before March 1, 2026, unless required by law to preserve the record.
Disclaimer: BBK Legal Alerts are not intended as legal advice. Additional facts, facts specific to your situation, or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information herein.
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