I dissent. The facts are not in dispute. The plaintiffs have made demand on the Bureau of Collection Agencies for access to all consumer complaints filed with the bureau against licensed collection agencies. Plaintiff’s stated purpose is that access to the consumer complaints is required so they can publish this information in the Black Panther newspaper, rating the collection agencies according to the number and seriousness of the complaints.
The request of plaintiffs to make available to them all complaints against collection agencies was refused by the Bureau of Collection and Investigative Services on the ground that the complaints, together with investigative material appurtenant thereto, are not public records; that such is specifically exempt from disclosure under Government Code section 6254, subdivision (f). The deputy chief further advised plaintiffs that where a complaint has resulted in formal disciplinary proceedings, the documents relating to those proceedings are a matter of public record and are available to plaintiffs.
The bureau does not disclose the complaints to the public because many of those filing complaints indicate they are submitted in confidence and that before disclosing the contents of the complaint to the collection agency for purposes of response to the allegations, they obtain the expressed written consent of the complainant. From previous experience, the bureau learned that the premature disclosure of information contained in a complaint while the investigation was in progress afforded the licensee the *660opportunity to suppress evidence, and that many consumer complaints are false and malicious.
Government Code section 6253 provides that “Public records are open to inspection at all times during the office hours of the state or local agency and every citizen has a right to inspect any public record, except as hereafter provided.”1
Government Code section 6254 lists various documents, records, and other items that are exempt from disclosure under the Public Records Act. The controversy in issue is whether consumer complaints against collection agencies are exempt under subdivision (f) of section 6254, which provides that “Records of complaints to or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, and any state or local police agency, or any such investigatory or security files compiled by any other state or local agency for correctional, law enforcement or licensing purposes . . .” are exempt from requirement of disclosure. If not, can the bureau withhold these consumer complaints from plaintiffs under the alternative provision in Government Code section 6255 which provides that “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.”
The trial court determined that the consumer’s complaints were exempt from public disclosure under section 6254, subdivision (f), of the Government Code.
Business and Professions Code section 6925 provides that any person aggrieved may file with the Bureau of Collection and Investigative Services a written statement alleging acts of misconduct or violations of collection agencies which shall be referred by the chief of the bureau for investigation and report. Section 6947 of the Business and Professions Code lists various acts which a collection agency is prohibited from doing. Section 6863 of the Business and Professions Code authorizes the chief to enforce such rules and regulations as may be reasonable or necessary for the protection of the public. The. wilful violation of any rules and regulations established for the conduct of a licensee is sufficient ground for the revoca*661tion of his license or other disciplinary action. (Bus. & Prof. Code, §§ 6863, 6930.) Additionally, the Director of Consumer Affairs, one of the named defendants, is authorized to transmit any complaint he considers to be a valid charge of a violation of law to any appropriate law enforcement agency, or request the Attorney General to undertake appropriate legal action. (Bus. & Prof. Code, § 326.)
Thus, under the above provisions, a consumer’s complaint initiates an investigation by the bureau of a collection agency which could result in the revocation of the' agency’s license after an administrative hearing as provided in the Administrative Procedure Act. (Gov. Code, § 11500 et seq.) Presumably the original written consumer’s complaint would be included in the investigatory file of the bureau. Even if the initial investigation establishes that there is no foundation or basis for the complaint, until this conclusion is reached, the bureau is, pursuant to section 6925 of the Business and Professions Code, investigating the matter so that file too would be considered an investigatory file within the meaning of government Code section 6254, subdivision (f).
It has been said that an investigatory file exists whenever information is collected actively or passively for the purpose of determining whether or not a license should be revoked or whether disciplinary proceedings should be initiated. (53 Ops.Cal.Atty.Gen. 136, 150.)
Plaintiffs in urging a special basis for disclosure, namely, that the Bureau of Collection and Investigative Services routinely disclose complaints to the affected collection agencies, points to a statement accompanying the bureau’s “complaint form” stating, “A copy of this communication may be made available to the licensee concerned.” The majority concludes that Government Code section 6254 lists 14 categories of disclosure-exempt material; that such exemptions are permissive, not mandatory; they permit disclosure but do not prohibit it; and, that when the agency exercises its permissive disclosure authority, public inspection follows. (Gov. Code, § 6254, subd. (f).) I cannot so conclude. The practice of disclosing complaints to affected licensees is an integral and necessary procedure to properly investigate the charges in the complaint filed. How else can this state agency process the claim of an unlawful practice perpetrated upon an individual unless the factual situation in each case is checked, which necessitates, in effect, a confrontation of the licensee with the charge made against it. Such practice should not of itself cause the record to lose its exempt status and become at that point available for public inspection. The mere filing of a consumer complaint containing charges, true or false, should not trigger the publication thereof.
*662Even if it be deemed that consumers’ complaints do not fall within the exemption of section 6254, subdivision (f), I believe the bureau has sustained its burden in justifying the nondisclosure of the consumers’ complaints it receives by showing that the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.
As the bureau claims, it would be a deterrent to those who may have a legitimate complaint if they knew that their complaint was to be made public. (See Chronicle Pub. Co. v. Superior Court (1960) 54 Cal.2d 548, 567-569 [7 Cal.Rptr. 109, 354 P.2d 637].) Moreover, to disclose a consumer’s complaint that alleges an offense or violation of a rule or law which later is proven to be unfounded is unjust to the agency subject to the complaint.
In the instant case, the public interest served by not making the consumers’ complaints public clearly outweighs the public interest served by disclosure of the record. (See Chronicle Pub. Co. v. Superior Court, supra, 54 Cal.2d at pp. 566-569. See also Yarish v. Nelson (1972) 27 Cal.App.3d 893, 901-903 [104 Cal.Rptr. 205], in which the court denied the news media the right to prison files.)
I would affirm the judgment.
Respondents’ petition for a hearing by the Supreme Court was denied December 18, 1974. Richardson, J., did not participate therein.
The declaration of the Legislature’s purpose of enacting the Public Records Act is found in Government Code section 6250, which states that: “In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people’s business is a fundamental and necessary right of every person in this state.”