As agencies across Pennsylvania use social media more often to communicate with residents, Right-to-Know Law (RTKL) requests for records related to social media are becoming more common.
Determining whether information related to social media — including social media posts, direct messages sent via social media, and other types of information — qualifies as a “record” or a “public record” under the RTKL is no different than determining whether an email, a memo, or a map is a “record” or a “public record.”
First, agencies should determine whether a request is seeking a record, defined as “information … that documents a transaction or activity of an agency…”
If the request is seeking a record, agencies should determine whether it is a public record, defined as “A record, including a financial record, … that (1) is not exempt under Section 708, (2) is not exempt … under any other Federal or State law or regulation or judicial order or decree; or (3) is not protected by a privilege.”
Examining some decisions from the Office of Open Records (OOR) and the Commonwealth Court may be useful. Here’s a look at several of the most significant decisions involving social media.
Boyer v. Wyoming Borough (OOR Dkt. No.: AP 2018-1110)
The request sought records related to the mayor’s Facebook page, including a list of page administrators and editors and all comments made and removed or blocked from the page.