The California Public Records Act (CPRA) requires agencies to determine whether a public records request seeks copies of disclosable records in the agency’s possession. The CPRA requires that, within 10 days of receiving the request, the agency notify the requester of its determination and the reasons for it and state the estimated date and time when the records will be made available, if the request seeks copies of disclosable records in the agency’s possession. If unusual circumstances exist, the CPRA allows an agency to extend the deadline to respond to the request by no more than 14 days by providing written notice to the requester, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. The CPRA enumerates certain “unusual circumstances” for which an extension may be necessary.
Effective January 1, 2026, SB 370 expands the list of qualifying “unusual circumstances” to include a situation where, due to a cyberattack, the agency is unable to access its electronic servers or systems to search for and obtain a responsive electronic record. Under AB 370, the agency may delay the provision of a response to the requester only until the agency regains access to its electronic servers or systems and can search for and obtain the electronic record responsive to the request.
(AB 370 amends Section 7922.535 of the Government Code.)