In the recent OOR determination in the matter of Zaid v. Upland Borough, OOR Dkt. AP 2021-2961 (Dec. 29, 2021), an appeal was rejected as premature in light of not taking into account the days that the government agency was closed due to the Christmas holiday. Thus, the agency’s 5-day period to respond had
Office of Open Records Decisions
OOR: Records Relating To The Investigation And Tracking Of Personal Protective Equipment Not Confidential Under The DPCL.
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on June 24, 2021, the OOR found that the Pennsylvania Department of Health (“DOH”) did not successfully prove that “records related to the investigation and tracking of personal protective equipment (“PPE”)” are confidential and protected from disclosure under the Disease…
OOR: Information About Officers’ Time-Off Request Protected From Disclosure Under The RTKL By The Constitutional Right of Privacy
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on June 4, 2021, the OOR found that a request for “the names, ranks, and badge numbers” of all SEPTA police officers who asked for time off on January 6, 2021, was protected from disclosure by the right to privacy…
OOR: Voter Registration Data Must Be Requested And Produced Under the Voter Registration Act, Not Under The RTKL
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on May 14, 2021, the OOR dismissed a RTKL Request for certain voter registration information because that information is expressly made available through the Pennsylvania Voter Registration Act; thus, its disclosure may not be sought under the RTKL. Michael Sheliga…
OOR: Records of Contractor Retained to Perform a “Governmental Function” Potentially Producible Under RTKL Section 506 (d)
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
In a Final Determination entered on April 15, 2021, the OOR found that a request for e-mails to and from a number of agency staff or officials involving a large number of different subject matter terms, to be insufficiently specific, and that the Pennsylvania Department…
OOR: Records of Contractor Retained to Perform a “Governmental Function” Potentially Producible Under RTKL Section 506 (d)
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
On February 26, 2021, the OOR entered a Final Determination holding that responsive documents in the possession of a company hired by a Commonwealth agency to “perform a governmental function on behalf of the agency” are producible under Section 506 (d) of the RTKL. Tim…
OOR: COVID-19 Information Previously Made Public Held Not To Be Protected Under The DPCL.
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
On January 11, 2021, the OOR entered a Final Determination holding that a Request seeking data relating to protected COVID-19 records that had previously been made public by the Pennsylvania Department of Health (“DOH”) is not protected by the Disease Prevention and Control Law of…
OOR: Reports Directed to Nursing Home Quality Assurance Committee Exempt From Production Under RTKL
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
On August 14, 2020, the OOR entered a Final Determination holding that some categories of information relating to personnel hired to work with infection prevention and control at a nursing home (“preventionists”) are producible under the RTKL, but that reports made by the preventionists to…
Time Frame and Keywords Held Sufficient to Define Request for E-Mails Where Only One E-Mail Account Was Involved
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
On July 28, 2020, the OOR entered a Final Determination holding that a Request defined solely by a collection of broad keywords and a specific time frame is sufficiently specific under the RTKL to be granted. Dennis Roddy v. Pennsylvania Office of the Governor, OOR …
OOR: Requested E-Mail Metadata Must Be Provided To Requesters
By Francis Pileggi on
Posted in Office of Open Records Decisions
This synopsis was prepared by Pennsylvania attorney Catherine Olanich Raymond.
A few months ago, the OOR’s Final Determination In re Scott and Janet Brunermer v. Apollo Borough, Docket No. AP 2019-0589 (June 30, 2020) held that, if requested, metadata relating to requested e-mails must be provided to a party requesting that data, even if…