That is false. What effective access controls do, legally speaking, is help determine if a person could reasonably conclude that the information was non-public.

That is false. What effective access controls do, legally speaking, is help determine if a person could reasonably conclude that the information was non-public. For example, if a door is locked, but easily defeated, there is an implied assumption that what lies behind it is only available to someone with the key. Another example is an unlocked door with a sign that states "No access without authorization". Or an unmarked and unlocked door that is on private property in a place where it would be very unlikely for someone to reasonably conclude that the access was intended to be public.