A recent Final Determination from the Office of Open Records (“OOR”) prohibited the disclosure of the names and addresses of licensees in response to a request for dog license records in Mercer County. In the matter of Bush v. Mercer County, OOR Dkt. No. AP 2019-2211 (Dec. 30, 2019), the decision addressing the titular
Pennsylvania Constitutional Right to Privacy May Prevent Names and Home Addresses from Disclosure
Two recent Final Determinations of the OOR applied the Right to Privacy as a limitation on the Right to Know Law.
In Beatty v. Pennsylvania Department of Agriculture, OOR Dkt. No. AP 2019-2482 (Jan. 9, 2020), the Pennsylvania Constitutional Right to Privacy was applied to prevent a state agency from providing home addresses. See PA
OOR Clarifies Exemption Under RTKL for Investigative Records
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.
In Aponte v. Pottstown School District, OOR Dkt. AP 2019-2055 (Dec. 30, 2019), the Requester sought records related to investigative complaints, findings
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 in connection with a pipeline. In Friedman v. Pennsylvania Public Utility Commission, OOR Dkt.
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 v. Girardville Area Municipal Authority, OOR Docket No. AP 2019-0931 (Aug. 26, 2019), the
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. Cmwlth. May 31, 2019), the court upheld a final determination by the Office of Open
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 18, 2019), the Appeals Officer explained that whether the text exchange related to an agenda
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 2019-0453 (May 22, 2019), granted an appeal from the denial of requested documents by
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, OOR, Docket No.: AP 2019-0585 (April 18, 2019), explained that pursuant to the RTKL,
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 on the Right to Know Law. See Feliciano v. Philadelphia District Attorney’s Office, PA OOR,