The following records are considered to be non-disclosable to the public pursuant to the source Executive Order.

Non-Disclosable Records
Document Descriptions and Conditions Source
Public records excluded by Executive Order Records excluded by Executive Order of the Governor or by any regulation promulgated under the authority of any Executive Order of the Governor EO 9
Regulations Regulations adopted and promulgated by state and local government officials excluding certain records EO 9
(Section 2)
Rules proposed by state agencies on July 1, 2002 and modified by EO #26 containing proposed exceptions to disclosure under OPRA are exempted until formal adoption action is taken. EO 21
(Section 4),
EO 26 at www.nj.gov/opra
Personnel and pension records Except as otherwise provided by law or when essential to the performance of official duties or when authorized by a person in interest, an instrumentality of government shall not disclose to anyone other than a person duly authority by this State or the United States to inspect in connection with his official duties, personnel and pension records of an individual. (See Disclosure section) EO 11
(Section 2)
Job applicant information
  • Disclosure of resumes, applications for employment or other information concerning job applicants while a recruitment search is ongoing.
  • The resumes of unsuccessful candidates may be disclosed after the search has been concluded and the position has been filled, but only where the unsuccessful candidate has consented to such disclosure.
EO 26
(Section 3)
Governor's Office documents
  • Any record made, maintained, kept on file or received by the Office of the Governor in the course of its official business which is subject to an executive privilege or grant of confidentiality established or recognized by the Constitution of this State, statute, court rules or judicial case law.
  • All portions of records, including electronic communications, that contain advisory, consultative or deliberative information or other records protected by a recognized privilege.
  • All portions of records containing information provided by an identifiable natural person outside the Office of the Governor which contains information that the sender is not required by law to transmit and which would constitute a clearly unwarranted invasion of personal privacy if disclosed.
  • If any of the foregoing records shall contain information not exempted by the provision of the Open Public Records Act or the preceding subparagraphs (a), (b) or (c) hereof then, in such event, that portion of the record so exempt shall be deleted or excised and access to the remainder of the record shall be promptly permitted.
EO 26
(Section 2)
Morbidity, mortality and reportable diseases of named persons records Records of this kind that are required to be made, maintained or kept by any State or local governmental agency EO 9
(Section 3(c))
Illegitimacy records Records of this kind that are required to be made, maintained or kept by any State or local governmental agency which would disclose information concerning illegitimacy EO 9
(Section 3(d))
Fingerprint cards, plates and photographs and other similar criminal investigation records Records of this kind which are required to be made, maintained or kept by any State or local governmental agency EO 9
(Section 3(e))
Criminal records Records of this kind that are required to be made, maintained and kept pursuant to the provisions of R.S. 53:1-20.1 and R.S. 53:1-20.2 EO 9
(Section 3(f))
Personal property tax returns Records of this kind that are required to be filed under the provisions of Chapter 4 of Title 54 of the Revised Statute EO 9
(Section 3(g))
Records relating to petitions for executive clemency EO 9
(Section 3(h))
Certain procurement documents of any State department or agency
  • Records of this kind concerning surveillance equipment and investigatory services, when disclosure of the equipment type and the subject matter of the services could make known to the target of an investigation the fact that an investigation is in progress.
  • Records concerning installation of intrusion and detection alarm systems, when disclosure could facilitate illegal entry.
  • Records concerning studies of computer system security including final reports when disclosure could facilitate fraudulent use of the information

EO 79
(Section 1)


EO 79
(Section 2)


EO 79
(Section 3)

Domestic security Government records where accessibility would substantially interfere with the state's ability to protect and defend the state and its citizens against acts of sabotage or terrorism, or which, if disclosed would materially increase the risk or consequence of potential acts of sabotage or terrorism. EO 21
(Section 1(a))
Complaints and investigations of discrimination, harassment or hostile environments Confidential records of complaints and investigations of discrimination, harassment or hostile environments in accordance with the State Policy, regardless of whether they are open, closed or inactive EO 26
(Section 4(a))
Information concerning individuals
  • Information relating to medical, psychiatric or psychological history, diagnosis, treatment or evaluation;
  • Information in a personal income or other tax return
  • Information describing a natural person's finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness, except as otherwise required by law to be disclosed.
EO 26
(Section 4(b))
Test questions, scoring keys and other examination data Test questions, scoring keys and other examination data pertaining to the administration of an examination for public employment or licensing. EO 26
(Section 4(c))
Records of one agency held by other agencies Kept confidential if appropriately designated by the initial agency EO 26
(Section 4(d))
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