Pennsylvania Public Records Request - Open Public Records Act

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US-004-PR
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FAQ

Pennsylvania is a ?two-party consent? state, meaning that all parties involved in a conversation or communication must provide their consent before it can be recorded. Consent must be obtained from both the person sending the communication and the person receiving it.

Under the Right-To-Know Law, all records are presumed to be public records unless disclosure is barred by: (1) state or federal law or regulation; (2) judicial order; (3), privilege, e.g., attorney-client or doctor-patient; or (4) one of the exceptions in Section 708 of the Right-to-Know Law.

Section 708(b)(16) of the RTKL allows agencies to withhold records ?relating to or resulting in a criminal investigation? including: Complaints of potential criminal conduct other than a private criminal complaint. Investigative materials, notes, correspondence videos and reports.

The Pennsylvania Right to Know Law defines records as, ?information, regardless of physical form or characteristics, that documents a transaction or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agency.? Any United States ...

Under the current RTKL, all state and local government agency records are presumed to be public. This means that if an agency wants to withhold a record, it must prove that it is entitled to do so under the RTKL, another law or regulation, privilege (such as attorney-client privilege), or court order.

The Pennsylvania Sunshine Act, 65 Pa. C.S. §§ 701-716, requires agencies to deliberate and take official action on agency business in an open and public meeting. It requires that meetings have prior notice, and that the public can attend, participate, and comment before an agency takes that official action.

Find the Agency Open Records Officer This is the person you should address your request to. Often, the best way to find the AORO's contact information is on the agency's website. If you can't find it there, or the agency doesn't maintain a website, search the Office of Open Records' (OOR) database of AOROs.

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Pennsylvania Public Records Request - Open Public Records Act