California, United States of America
The following excerpt is from Pasadena Police Officers Ass'n v. Superior Court of L.A. Cnty., 192 Cal.Rptr.3d 486, 240 Cal.App.4th 268 (Cal. App. 2015):
But waiver occurs only if the agency discloses a document to a member of the public. ( 6254.5.) The statutory privilege of confidentiality in officers' personnel records is held both by the City and the officers. (City of Hemet v. Superior Court (1995) 37 Cal.App.4th 1411, 1430-1431, 44 Cal.Rptr.2d 532.) Petitioners had a right to review the Report to ascertain which portions they contend are privileged. ( 3306.5.) They cannot be denied access to their own personnel records for fear that permitting access will waive confidentiality. It was not improper for the City to share the Report in confidence with petitioners, and no waiver may be inferred therefrom.
c. No waiver by public disclosure of redacted material on appeal
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