American Federation of State v. Regents of University of California

Recent years have witnessed an accelerated public consciousness of the people’s right to information about the conduct of their business by public officials, and of the people’s right to privacy.

An expression of the people’s right to information will be found in California’s Public Records Act (hereafter the Act) found in Government *915 Code sections 6250-6261. There the Legislature reaffirmed the principle that “access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.” (Gov. Code, § 6250; italics added.)

However, in reasserting the people’s “right to information,” the Legislature took pains to point out that in the effectuation of that right, courts and legislatures must be mindful of the “right of individuals to privacy,.. .” (Gov. Code, § 6250; italics added.)

The right to privacy has acquired express constitutional recognition. Among the inalienable rights of the people of this state are those of “pursuing and obtaining . . . privacy.” (Cal. Const., art. I, § 1; italics added.) It has elsewhere been given expression in appropriate cases, such as the authorization of certain tribunals…