1
  • Can Civil Service applicants be required to sign confidentiality agreements regarding the application and interview process?
  • Can FOIA/Sunshine requests enjoin government offices to disclose present and future exam or interview questions?
2

Can FOIA/Sunshine requests enjoin government offices to disclose present and future exam or interview questions?

Section 6254(g) in the Chapter Inspection of Public Records states that

this chapter does not require the disclosure of [...] Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination, except as provided for in Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code.

(emphasis added)

Thus, it is up to the state agency's discretion whether or not to disclose present and future exam or interview questions.

Can Civil Service applicants be required to sign confidentiality agreements regarding the application and interview process?

It seems to me that it is permissible, especially if that confidentiality is reasonably sought to enforce the protection enacted in § 6254(g). Otherwise, an agency's efforts to preserve the secrecy of examination questions would be futile if an applicant discloses --say, for the benefit of future applicants-- what is being tested.

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.