Document Type

Case Summary

Publication Date

Spring 4-30-2023

Case Synopsis

Pertaining to the Nevada Public Records Act (NPRA), NRS 49.335 does not justify withholding public records in their entirety simply because some portion of the record identifies an individual. Under the generalized balancing test, to determine whether disclosure of public records is appropriate, the government entity bears the burden of proving that its nondisclosure interests clearly outweigh the public’s interest. Further, under the Clark County School District’s (CCSD’s) burden-shifting balancing test, speculative harm to nontrivial personal privacy interests is insufficient to shift the burden from the governmental entity to the plaintiff.