The New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (OPRA), does not specifically address metadata, and our courts are only beginning to explore the various security, privacy and workflow issues that metadata presents. Metadata is “data about data,” often embedded in electronic documents, that tracks a wide array of information ranging from details regarding a document’s authorship and access history, to technical details regarding computer networks and security configurations. Disclosure of certain metadata could jeopardize computer security or reveal confidential information, so records custodians should work with their IT departments and municipal attorneys to review all metadata prior to disclosure.

Records custodians encounter metadata most often in the context of OPRA requests for email logs and computer files in their native file format. Email logs are relatively straightforward, and they are typically produced as spreadsheets populated with information pulled from emails such as the “sender,” “recipient,” “date” and “subject” (so long as the public agency is reasonably capable of extracting the information, which is not the case in some small municipalities). Email logs provide a concise overview of official email activity and allow records requestors to identify specific emails for further review. It is generally less burdensome to produce logs than it is to produce full sets of emails, and logs can help requestors narrow the scope of their subsequent requests for complete emails, which should be beneficial to all parties. Email logs can also help construct a full picture of a particular correspondence and alert requestors to other potentially relevant parties and communications for further investigation.

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