The Supreme Court’s opinion in Paff v. Galloway Tp. changes the obligations of records custodians and raises questions with regard to several OPRA issues that had previously been clear. Here are some of the concerns resulting from the opinion.

-The Court’s holding that information in a database is a government record means that requestors can require public bodies to produce an unlimited variety of reports. The Court made clear that custodians must engage in computer programming to produce whatever compilation of information the requestor wants, and may charge a fee for this only where a substantial amount of programming or manipulation is necessary.

-The opinion casts doubt on the viability of the basic principle that OPRA does not obligate record custodians to research and collate information for requestors. The Court said that OPRA does not require the custodian to do research. However, its opinion does require custodians to compile and collate disparate pieces of electronic information, tasks which are typically thought to be inconsistent with the custodian’s duty.

-Further confusion is caused by the Court’s comment that the case law stating OPRA does not allow requests for information is incorrect, as applied to electronic records. This case law says that a valid request must ask for records, not simply pose questions. Is the Supreme Court saying that this is no longer correct, and requests for electronic records that ask questions must be answered?

-The opinion creates uncertainty as to whether GRC decisions are entitled to any weight or deference in court. The Court ruled that GRC informal guidance is entitled to no deference, and noted that the Superior Court should not defer to GRC decisions, but it then seemed to contradict these statements by commenting that the GRC’s interpretation of OPRA is entitled to deference in appellate review of GRC decisions.