More than 50 protesters waved signs saying "Stop the Information Lockout" and "Safety, Not Secrecy," outside of Harvey's office, demanding that the attorney general withdraw the proposed rule.

New Jersey’s 2002 OPRA is one of the strongest 'open records' acts in the country. The proposed revision attempts to safeguard critical infrastructure targets from possible terrorist attack by withholding government records concerning these facilities from the public. Unfortunately, toxic-chemical inventories and other records widely used to monitor health, safety, workplace and environmental issues could be included among the restricted information.

If approved, the new provisions would place the burden on the public to convince a state official of their "need-to-know" before being able to get certain information. Protesters urged that the process be reversed and that records about any hazards posed by a chemical facility remain public unless government officials can prove that disclosure would hamper homeland security.

According to Rick Engler, executive director of the New Jersey Work Environment Council (WEC), "The proposed rule to roll back New Jersey's Open Public Records Act would restrict the right to know about genuine hazards to our health, safety, and environment -- without reducing the threats or consequences of terrorism. The public deserves safety, not secrecy." WEC advocates for safe, secure jobs and a healthy, sustainable environment.

State open records laws not only provide people with health and safety information but also help citizens hold government officials accountable. For example, a previous OMB Watcher article reported that two citizens used Virginia's Freedom of Information Act to uncover that state officials paid for vacations with public funds.

New Jersey officials note that the rule has not been finalized and have scheduled a July 22 public hearing on the rule.