Thanks to the nearly 300 people who logged on to watch the training live. Lots of great questions. Watch for the first time (or again) by clicking the links below.
Aggregate data about disability services provided to students may be public information. 2022-1989
Agency proved that it has not promulgated regulations defining “chicken meal” and thus a document responsive to the Request does not exist. 2022-2254
An agency may not be allowed to withhold a surveillance video if sensitive images may be blurred (“redacted”). 2022-1908
The Disease Prevention and Control Law allows the withholding of lead testing results even if the identities of individuals can be redacted. 2022-1724
If an agency has the technical ability to securely redact the responsive records electronically, it may not charge the requester for printing fees. 2022-2098
The Office of Open Records (OOR) will conduct its annual Right-to-Know Law (RTKL) and Sunshine Act training on Tuesday, Nov. 15, at 10 a.m. This year’s session, which will be held via Microsoft Teams, will include the following topics:
- Basics of Pennsylvania’s Right-to-Know Law,
- Best practices and tips for requesting records, and
- Best practices and tips for agencies when dealing with Right-to-Know requests and appeals.
The OOR’s Annual Training is free and open to everyone. Attendees will have ample opportunity to ask questions. Visit https://www.openrecords.pa.gov/ for information on how to participate in this year’s session.
No reasonable expectation of privacy exists for names and addresses listed on construction permits, thus that information may not be redacted. 2022-1719
A requester may not be prohibited from taking photographs when inspecting electronic copies of various financial records. 2022-1626
Autopsy and toxicology reports held by a county coroner are not protected from disclosure by HIPAA and the Privacy Rule. 2022-1706
Applications of individuals not selected for a position are exempt records. 2022-1612
Many records related to a Hepatitis A outbreak at a restaurant are protected under the Disease Prevention and Control Law. 2022-1414
If records are presented to a quorum of a board, an agency may not withhold the records by claiming they reflect internal, predecisional deliberations. 2022-0923
A request for county records related to the 2020 election must be granted because the agency provided no evidence to support why various exemptions it cited should be applied. 2022-1542
Pennsylvania’s Uniform Firearms Act prohibits the release of records related to the purchase of a firearm or application for a license to carry a firearm. 2022-1249
At the request of the Pennsylvania NewsMedia Association, the Office of Open Records today issued an advisory opinion regarding an agency creating a policy limiting the number of Right-to-Know Law requests made.
The advisory opinion can be found here.
Here are some final determinations of note from July of 2022.
If a requester is unable to access or print public records available on a website, the agency must print and provide them. 2022-1552
Agency bank account numbers do not constitute exempt personal identification information and agencies cannot redact them on that basis. 2022-1227
Proposal bid documents prior to the awarding of a contract are exempt from the RTKL. 2022-1037
In an otherwise public record, students’ faces in a video taken at a school may be blurred to protect privacy. 2022-1009
Might you be involved in a RTKL appeal? If so, we have important news to share.
Here’s the headline:
Beginning August 1, 2022, all appeals involving Commonwealth agencies under the Governor’s jurisdiction, with a few exceptions, will be processed through the E-File Appeal Portal. This is the first of three phases as we move ALL appeals to this new system. The OOR E-File Appeal Portal User Guide can be found here, and OOR staff will be prepared to answer questions as users navigate the new process.
Below are the details, including what to expect next.
The OOR is moving forward with our E-File Appeal Portal, with the goal of having all Right-to-Know Law (RTKL) appeals processed through the portal by spring of 2023. An early testing phase was conducted with most Commonwealth agencies and, after using the system for several months and making improvements based on what was learned, the OOR is ready to expand the usage to more Commonwealth and local agencies.
The transition to universal use of the E-file Appeal Portal will occur through a three-phase process for the purpose of exposing all agencies, from the largest Commonwealth agency to the smallest local agency, to the E-File Appeal Portal system and having all users gain a proficiency in using the system.
Phase 1: Beginning August 1, 2022, all appeals involving Commonwealth agencies under the Governor’s jurisdiction, with a few exceptions, will be processed through the E-File Appeal Portal.
Phase 2: Currently scheduled to begin in October 2022, in Phase 2, local agencies will be chosen at random though a yet to be established interval, i.e. every third appeal received. In this phase, the OOR will not seek permission from the parties prior to assigning the appeal to the E-File Appeal Portal. Advanced notice of Phase 2’s start date will be widely publicized and is likely to come in mid-September.
Phase 3: The final phase will consist of a firm date when all appeals will be assigned to and processed through the E-File Appeal Portal, subject to limited exceptions such as, individuals without email access. The beginning date is anticipated to be the spring of 2023. A firm date for Phase 3 will be provided in early 2023.
You may want to refer to the OOR E-File Appeal Portal User Guide. Please review it with your relevant staff and stakeholders. The User Guide will be available on the OOR’s website. In addition, more information will be provided during the OOR’s Annual Training. OOR staff will be available for questions, resolve any user problems, and receive feedback. We are looking forward to working with all of you towards the goal of establishing the E-File Appeal Portal as a speedier and more efficient system for processing RTKL appeals for the Commonwealth.
A review of some interesting final determinations from the past month.
Requesting all records from an agency will most likely be denied as insufficiently specific request. 2022-0711
After denying a request, an agency may change course and provide records after an appeal is filed. 2022-1032
An agency must prove a record is protected by the Copyright Act, and not just cite the act. 2022-1011
While you may file a RTKL request to seek election records, access to those records is governed by the Election Code. 2022-0453