Right To Know 30 Exceptions

The main difference between the old Right To Know Law and the new 2009 version is the fact that the new law presumes records are public excluding those covered by the following 30 exceptions:

1. If disclosing the record will result in loss of federal or state funds. If the release would reasonably result in substantial physical harm to a person or to his or her personal security.

2. Public Safety -Records that if disclosed would be reasonably likely to jeopardize homeland security or public safety or preparedness.

3. Infrastructure security-Records that if disclosed, would be reasonably likely to jeopardize homeland security or public safety or preparedness.

4. Computer Security-Records that if disclosed, would be reasonably likely to jeopardize computer security.

5. Health Records-Medical, psychological and related records that contain individually identifiable health information.

6. Personal Identification-Records containing all or part of a person's social security number, driver's license number, personal financial information, telephone numbers, E-mail addresses, employee numbers or other confidential personal identification numbers. Spouses name, marital status, beneficiary or dependent information. Records containing home addresses of law enforcement officers and judges.

7. Personnel records.

8. Collective bargaining-Records related to collective bargaining strategy or negotiations and exhibits and transcripts in arbitration cases involving collective bargaining disputes or grievances. Final contracts and arbitration awards are public.

9. Drafts of bills, resolutions, regulations, policies, management directives and ordinances.

10. Deliberations Records reflecting internal deliberations of agencies before decisions are made such as budget recommendations, legislative proposals, or strategies for winning such proposals.

11. Trade Secrets-Records that reveal trade secrets or other confidential proprietary information.

12. Working papers-Notes and working papers used by a public official or employee strictly for personal use such as message or routing slips.

13. Donations-Records revealing identity of a person who makes a donation to an agency unless the donation is intended to provide remuneration benefit to a public official or employee.

14. Unpublished academic papers

15. Academic transcripts

16. Criminal investigative records

17. Noncriminal investigative records

18. 911 calls-Recordings and transcripts of 911 calls. An agency or court may release these if deemed to be in the public's best interest. Time response logs are public.

19. DNA and RNA records

20. Autopsies-content of an autopsy report except victim's name, cause of death and manner of death.

21. Minutes-Draft minutes of any public meeting until the next scheduled meeting of the agency. Any records of private executive session discussions.

22. Appraisals and employee reviews

23. Library and archive users-The circulation and order records of an identifiable individual or group.

24. Endangered sites and species-Records identifying the location of an archaeological site or endangered plant or animal species not already known to the public.

25. Library and museum donors.

26. Contract Bids-Proposals for the procurement or disposal of supplies, services or construction before the award of a contract or opening and rejection of all bids.

27. Insurance-Records of communication between an agency and its insurance carrier, administration service organization or risk-management office.

28. Social Services-Records identifying people who apply for or receive social services or disclosing the services they receive or other personal information.

29. Constituents-Correspondence between legislators and their constituents, and accompanying records that identify constituents who request assistance or other services.

30. Minors-Records containing the name, home address or date of birth of a child who is 17 or younger.

To learn more about the Right To Know Law, click on the helpful links below.

Pennsylvania Office of Open Records
http://openrecords.state.pa.us

Pennsylvania Freedom of Information Coalition
http://www.openrecordspa.org