Pennsylvania’s Commonwealth Court recently addressed an issue of first impression regarding the exception under the RTKL for information shared between an agency and an entity with whom the agency contracts that is “internal to the agency” for purposes of qualifying
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 5
Appeals of Records Requests to Legislature Not Heard by OOR
A noteworthy recent decision involves a demand for records submitted to the Pennsylvania House of Representatives. That request was denied and the Requester appealed to the Office of Open Records (OOR).
The OOR in Monighan v. Pennsylvania House of Representatives,…
Right of Privacy Limits Request for Records of Public Employees
A recent decision by the PA Office of Open Records is notable because of its reliance on the right to privacy contained in the Pennsylvania Constitution to prevent the requesting party from obtaining records that might otherwise be obtainable based…
Attorney/Client Privilege Not Bar to OOR Review
In County of Berks v. Pennsylvania Office of Open Records, 2019 WL 1076828 (Pa. Cmwlth. Ct. Jan. 3, 2019), the court explained that it is well established that OOR and its appeals officers have authority to order an in…
Attorney-Client Privilege Bars Request for Government Records
The Office of Open Records (“OOR”) recently issued a decision in which it denied a request for unredacted invoices of an attorney for a school district based on the attorney-client privilege. In the matter of Campbell v. Pennsbury School District,…
Commonwealth Court Grants Attorneys’ Fees Under RTKL in Enforcement Action
In an apparent issue of first impression, the Commonwealth Court granted attorneys’ fees in connection with an enforcement action under the RTKL. In Uniontown Newspapers Inc. v. Pennsylvania Department of Corrections, 197 A.3d 825 (Pa. Cmwlth. 2018), the court granted…
Commonwealth Court: OOR Has Authority for In Camera Review Sua Sponte
A recent Commonwealth Court decision held that the OOR may conduct an in camera review of records sua sponte even if none of the parties before it makes such a request. The court found that the Pennsylvania RTKL gave the…
Commonwealth Court Rejects Confidentiality Exception
A recent decision of the Commonwealth Court of Pennsylvania upheld a determination by the Office of Open Records, and concluded that neither the Pennsylvania Department of Health nor the private company involved had established that the withheld records were exempt…
RTK Law Limits Access to Government Computers
A recent decision by the Pennsylvania Office of Open Records (OOR) clarified that a requester is not entitled to access to government computers in order to review data. Cap v. Lehigh and Northampton Transportation Authority, O.O.R. Docket No.: AP 2018-2059…
A How-To-Guide for PA RTK Law Requests
A recent article provides a how-to-guide for those who seek to obtain records pursuant to the PA Right to Know Law, with links to the OOR website. The topics include:
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