A recent Final Determination from the Office of Open Records clarified the RTKL’s statutory exemption that allows a state agency to deny a request to produce records related to a noncriminal investigation.
PA Right to Know Law Blog
Providing highlights and insights about the PA Right to Know Law and decisions of the Office of Open Records as well as court opinions
The PA Right to Know Law Blog, published by Francis G.X. Pileggi, focuses on issues related to the Pennsylvania Right to Know Law (RTKL), including public access to government records, exemptions from disclosure, and legal interpretations of transparency statutes. The blog covers case law developments, administrative decisions by the Office of Open Records, and court rulings affecting public records requests. It addresses topics such as exemptions for law enforcement records, identity verification for requesters, and the application of privileges like attorney-client and work-product doctrines in the context of RTKL. The blog also discusses procedural aspects of appeals and the balance between public interest and confidentiality under Pennsylvania law.
Latest from PA Right to Know Law Blog - Page 4
Commonwealth Court Bars Disclosure Based on Exemption for Non-Criminal Investigation
The Pennsylvania Commonwealth Court recently reversed an OOR decision based on a finding that the statutory exception under RTKL Section 708(b)(17)(i) applies to exempt from disclosure a non-criminal investigation, including the complaint submitted to the agency. In Pennsylvania Liquor Control…
Access to Public Records and Constitutional Rights
The United States Supreme Court, in McBurney v. Young, ruled that there is no federal constitutional right to public records, and the states have the discretion to limit access to public records to their own citizens. This decision and its impact…
OOR Requires PUC to Produce Records
A recent decision of the Office of Open Records (OOR) is noteworthy for the extensive analysis supporting its conclusion that the Pennsylvania Public Utility Commission (PUC) must produce a substantial number of the records requested regarding submissions to the PUC…
OOR Relies on Right of Privacy in Pennsylvania Constitution to Prevent Disclosure
A recent decision from the Office of Open Records relied on the right to privacy in the Pennsylvania Constitution, as opposed to an exemption in the RTKL, as a basis to prevent the disclosure of certain personal information. In Petusky…
Term “Individual” Under RTKL Does Not Include a “Corporation”
The Commonwealth Court recently decided an issue of first impression and ruled that the term “individual” in Section 708(b)(13) of the RTKL does not include “corporations.” In the case styled, California University of Pennsylvania v. Bradshaw, 210 A.3d 1134 (Pa.…
High-Level RTKL Seminar
For readers interested in learning more about the nuances and substantive aspects of the PA Right-To-Know-Law (RTKL), the Office of Open Records (OOR) is hosting a seminar featuring several luminaries in the world of the PA RTKL. Details are below.…
School Board Must Disclose Text Messages Among Members at Meeting
A recent decision by the Office of Open Records is notable for requiring disclosure of text messages among school board members sent during a school board meeting. In Hassler v. Tulpehocken Area School District, OOR Dkt. No. AP 2019-0455 (July…
Court Requires All Evidence To Be Presented To OOR
The Commonwealth Court recently instructed that all evidence supporting one’s RTKL arguments must be presented to the Office of Open Records, and appellants cannot supplement the record with additional evidence on appeal. In Mission Pennsylvania, LLC v. McKelvey, et al.,…
OOR Explains Duty of Agency to Search in Good Faith for Requested Records
A recent decision by the PA Office of Open Records (OOR) is noteworthy for its explanation of the good faith duty of agencies to search for responsive records. The case of Brady v. Borough of Wernersville, OOR, Docket No.: AP…