The Supreme Court recently announced that it will review the Township’s appeal in Gilleran v. Tp. of Bloomfield, in order to decide whether building security camera footage is confidential under OPRA. This case is hugely significant: for the first time, the Court will consider law enforcement interests under OPRA.

To resolve the Gilleran case, the Court must interpret and apply OPRA’s exemptions for records related to public safety and security, including (1) building emergency or security information, the disclosure of which would jeopardize the security of the building or persons, and (2) security measures and surveillance techniques, the disclosure of which would create a risk to the safety of people and property. In addition, the Court will have to take into account the various other statutes, regulations, executive orders and court opinions which implement the policy that OPRA requires confidentiality whenever the disclosure of any type of record would pose a safety risk.

The Court’s decision here will establish the scope of OPRA’s security provisions, and as such, will have a major impact on law enforcement in New Jersey. A wide range of records, not just building security camera recordings, will be affected, such as State Police and gubernatorial travel records, school safety drill information, and many types of reports generated by police departments, prisons and other law enforcement agencies.

It’s crucial that the Attorney General and other law enforcement experts file amici curiae briefs in this case, to provide the Court with insight into the law enforcement interests that are at stake here.