From the Legal Hotline

By Teri Henning, General Counsel; Melissa Melewsky, Media Law Counsel
Pennsylvania Newspaper Association

Q: What records are public under Pennsylvania law?

A: Pennsylvania's open records law, which is one of the most restrictive in the country, defines "public record" to include: 1) any account, voucher or account, dealing with the receipt or disbursement of funds by an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property; and 2) any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons. The courts have also found that documents that are "essential components" of any of the above are "public records."

The law contains exemptions for documents that: 1) would disclose agency investigations (except reports filed by agencies pertaining to safety and health in industrial plants); 2) are protected by law or court order; 3) would prejudice or impair a person's reputation or personal security; or 4) would result in the loss of Federal funds.

Documents that are "public records" under Pennsylvania include contracts, invoices, payroll records, cell phone records, and settlement agreements (even when they contain "confidentiality provisions"). For a list of documents that have been ruled as "public" or "not public" by the Pennsylvania courts, CLICK HERE.

Please call the PNA's Legal Hotline at (717) 703-3080 if you have questions about whether a particular document is public.

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PNA Legal Hotline: (717) 703-3080