Open Records

Pennsylvania’s public records law is the Right-to-Know Law (RTKL), enacted as Act 3 of 2008. It presumes that records held by state and local agencies are public unless a specific exemption applies – agencies bear the burden of proving why a record should be withheld.

Who can request records

Any legal resident of the United States can file a request under the RTKL – “person” is further defined broadly to include corporations, partnerships, LLCs, business trusts, associations, government entities (other than the Commonwealth itself), estates, trusts, foundations, or natural persons. Verbal requests can sometimes be fulfilled informally, but only a written request preserves the requester’s right to the RTKL’s formal remedies.

What’s covered

The Right-to-Know Law explicitly covers not just paper documents but emails, social media posts, text messages, chat platform communications, and digital recordings held by state and local agencies.

How to request

Submit a written request to the agency’s Agency Open Records Officer (AORO) – many agencies require use of the Office of Open Records’ Statewide Request Form, though this varies by agency; check with the specific office. Requests can be submitted in person, by email, mail, or fax.

Response timeline

Agencies must provide a final response within 5 business days of receiving a written request. If the agency doesn’t respond within that window, the request is automatically “deemed denied,” which the requester can then appeal. An agency can send an “interim response” extending the timeline – commonly up to 30 additional calendar days – when redaction is needed, the record must be retrieved from a remote location, staffing limitations apply, legal review is required, the requester hasn’t complied with agency policy, or prepayment of an estimated fee over $100 is required and unpaid.

Fees

– The Office of Open Records maintains an Official Fee Structure that governs what agencies may charge – generally, agencies cannot charge fees outside that structure. – Agencies cannot charge for the time spent reviewing files or determining if a record is exempt from disclosure – only for reproduction costs. – For large or complex requests, a reasonable fee structure applies to recover actual reduplication costs. – All applicable fees must be paid before the requester receives access to the records.

Exemptions

Records are presumed public unless barred by a specific enumerated exemption, privilege, or other law – common examples include active investigative materials and privileged communications.

If your request is denied

Appeal to the Pennsylvania Office of Open Records (OOR) – an independent state agency headquartered in Harrisburg – within 15 business days of the agency’s response (or of the “deemed denied” date if the agency never responded). Appeals must be in writing, using the OOR’s Appeal Form or equivalent, and must state specifically why the requester believes the record is public – a general assertion isn’t enough. The OOR’s decision includes findings of fact and legal conclusions; a further appeal to Commonwealth Court is possible after that.

A note on terminology

Pennsylvania’s law is officially the “Right-to-Know Law” (RTKL) – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina), or “Public Records Laws” (Tennessee).