WHO IS
SUBJECT TO THE LAW: Agencies Must
Comply
Commonwealth Agencies: Any
office, department, authority or
other parts of the executive branch,
state-affiliated entities,
independent agencies, and includes
the Governor, Attorney General,
Auditor General and the Treasury
Department.
Local Agencies: Any
political subdivision, intermediate
unit, or charter, public trade or
vocational school [or] any local,
intergovernmental, regional or
municipal agency, authority,
council, board commission or similar
governmental entity.
Legislative Agencies: The
Senate, House of Representatives and
many committees and commissions like
the Capitol Preservation Committee,
the IRRC, Center for Rural
Pennsylvania, the Legislative
Reapportionment Commission, and
Legislative Audit Advisory
Commission to name a few. For a
complete list, see Section 102.
Judicial Agencies: Any
entity or office of the unified
judicial system, like Magisterial
District Judges
WHAT IS
COVERED BY THE LAW: Records, not
Questions
Make sure when you file a RTK
request, you are seeking records and
not just asking questions. The law
governs release of records.
A record is defined as “any
information regardless of its
physical form or character that
documents a transaction or activity
of an agency AND is created,
received, or retained pursuant to
law OR in connection with a
transaction, business or activity of
an agency.”
Records can take many forms,
including papers, letters, maps,
books, tapes, photographs, film or
sound recordings, information stored
or maintained electronically and a
data-processed or image-processed
documents. Note that e-mails can
also be a form of public records,
subject to any exceptions.
EXCEPTIONS:
Protects Certain Information From
Disclosure
The law contains 30 exceptions,
cited in Section 708, that permit an
Agency to withhold records. An
Agency may deny release of a record
if it falls within one of the 30
exceptions designed to protect
information that is confidential or
may jeopardize safety or
investigations. Types of records
that can be withheld include records
related to personal or public
security, DNA/RNA records, autopsy
records, social security numbers,
personal financial information,
personal email addresses, marital
status, identity of a covert law
enforcement officer, home address of
judges or law enforcement,
confidential source records, victim
information.