Information Release Without Consent In Pennsylvania
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The Right to Know Law is Pennsylvania's open records law. It requires government agencies in Pennsylvania to provide access to and copies of public records to the public.
The purpose of the Freedom of Information Act is to provide guidance for requesting Pennsylvania National Guard federal records under the Freedom of Information Act (FOIA), 5 U.S.C. 552.
Pennsylvania's right-to-know law ensures transparency by providing public access to government records. Citizens can request information directly from agency open records officers.
4 Pa. Code § 255.5 is a regulation that limits the information and recipients of disclosure of client information by SUD projects and coordinating bodies.
--Consent is informed if the patient or the patient's authorized representative has been given a description of a procedure set forth in subsection (a) and the risks and alternatives that a reasonably prudent patient would require to make an informed decision as to that procedure.
You have a right to capture images in public places, but you don't always have a right to record what people say. Pennsylvania's Wiretap Law makes it illegal to record private conversations - which can include conversations in public places - without the consent of all parties to the conversation.
The FOI/PA generally provides that any person has a right of access to federal agency records, except to the extent that such records (or potions thereof) are protected from disclosure by one of nine exemptions or by one of three special law enforcement record exclusions.
Article I, section 8 of the Pennsylvania Constitution reads: The people shall be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any persons or thing shall issue without describing them as nearly as may be, nor without ...
§ 5701 et seq., Pennsylvania is an “all-party consent” state. § 5704(4). That means in order to record (or in the language of the Act, “intercept”) a call, your client must get the consent of all parties to the conversation or face felony criminal penalties and civil claims for liability.
The ability to utilize cell phone video footage as evidence to support your case can vary widely depending on whether the law requires two-party consent. Under Pennsylvania law, recording a telephone call or conversation without both party's consent is illegal.
