A county’s policy requiring a requester to provide an address is permitted under the Right-to-Know Law. 2023-0495

An unsworn position statement from an agency does not constitute evidence. 2023-0389

Netflix histories from the accounts of correctional institutes are not records of the agency. 2023-0438

An agency can meet its burden to provide records by notifying the Requester that the record is available through publicly accessible electronic means. 2023-0463

The personal IP addresses used by employees to fill out an agency survey are not records of the agency. 2022-2875

An employee’s handwritten calendar is exempt as a note or working paper used solely for an employee’s own personal use. 2023-0308

A review of records by an OOR appeals officer found that some school district emails contained factual information and did not contain exempt information.  2022-0554

When filing an appeal, the requestor must include the agency’s response to the original Right-to-Know request. 2023-0252

An agency meets its burden of providing access to public records when it provides a weblink to the responsive records. 2023-0262

Employment applications for an individual who is not hired by an agency are exempt from public access, even when the requester seeks records related to his own application. 2022-2830

An agency failed to justify the costs it charged for duplication and mailing of a granted records request. 2022-2774

Agencies are not required to provide copies of agency hard drives.  2023-0191

Some records related to an investigation of alleged elder abuse are exempt under the Older Adult Protective Service Act. 2022-2868

The Office of Open Records does not have jurisdiction over appeals of unemployment compensation benefits decisions.  2023-0108

Some libraries are considered a local government agency (2022-2541) while others are not (2022-2853).

A police department failed to establish that it does not possess records related to the mileage of cars in its fleet. 2022-2583

The agency failed to prove that aggregate number of medical marijuana certifications issued by practitioners are exempt under the Medical Marijuana Act. 2022-2635

A government agency must prove that redactions in legal invoices consist of an attorney’s conclusions, legal theories, legal research or opinions. 2022-2709

Proposals related to a canceled bidding process are public records even if those proposals were never formally rejected.  2022-2521

An agency is only required to provide records in the manner in which the currently exist, and not necessarily in the manner preferred by the requester. 2022-2169

An employee’s union affiliation is protected by the constitutional right to freedom of association. 2022-2291

A list of 9th graders enrolled at Central High broken down by middle school attended is protected by FERPA. 2022-2258

Granted request for data on collisions in the Delaware River as agency failed to prove records are internal/predecisional deliberations, noncriminal investigative records, or subject to a federal confidentiality statute. 2022-1985

A county consortium for school district health insurance proved that it is not an agency under the RTKL. 2022-2279

Engineering and architectural drawings may not be photographed if they are protected by the Federal Copyright Act. 2022-2347

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.

Video

PowerPoint

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