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Exemptions Right To Know

Tucker Arensberg, P.C.

Commonwealth Court Holds that OOR Erred in Not Allowing Agency an Opportunity to Review Responsive Records for Exemptions after...

Tucker Arensberg, P.C. on

In Pa. Office of the Governor v. Brelje, 2024 Pa. Commw. LEXIS 65, at *1 (Commw. Ct. Feb. 23, 2024), the Office of Open Records (“OOR”) concluded that requests for all incoming and outgoing email for two agency employees over...more

Tucker Arensberg, P.C.

Communications Related to a School District’s Investigation Into Complaints About Library Books Are Not Public Records

Tucker Arensberg, P.C. on

Foster v. Pennridge School District, AP 2023-0931 (July 5, 2023). The Office of Open Records determined that a school district properly redacted and withheld certain email chains discussing the school district’s investigation...more

Fisher Phillips

Iowa Latest State to Pass Consumer Privacy Law: 5 Things Employers Need to Know

Fisher Phillips on

Iowa will soon be the sixth state in the nation with a comprehensive consumer privacy law – but the good news for employers is that it does not apply to data collected in the employment context and does not include a private...more

Mintz - Privacy & Cybersecurity Viewpoints

California Privacy Rights Act: Key Compliance Tasks for Employers

The so-called “HR exemption” taking employee and applicant personal information out of the control of the California Consumer Privacy Act (CCPA) is about to come to an end. Employers who are “businesses” for purposes of the...more

BakerHostetler

CCPA Employee and B2B Exemptions Set to Expire on Jan. 1, 2023

BakerHostetler on

​​​​​​​The California Consumer Privacy Act (CCPA) exemptions for employee and business-to-business Personal Information (PI) likely will not be extended. Aug. 31, 2022 was the last day for each house to pass bills, per the...more

Tucker Arensberg, P.C.

OOR Rules that Police Investigative Report is Exempt in its Entirety

Tucker Arensberg, P.C. on

In Weik v. Pennsylvania State Police, AP 2020-1139 (October 6, 2020), the Requester sought records related to a fatal police shooting. The State Police identified a responsive Incident Report, but denied the request, arguing,...more

Tucker Arensberg, P.C.

Court Quashes Civil Subpoena for Investigative Information Pursuant to Criminal History Record Information Act (“CHRIA”)

Tucker Arensberg, P.C. on

In an important decision for all law enforcement agencies, the Court of Common Pleas of Allegheny County quashed a civil subpoena directed to a local police department. The subpoena sought a toxicology report that the...more

Tucker Arensberg, P.C.

Commonwealth Confirms that the Donor Exemption only Applies to Natural Persons and Not Corporations

Tucker Arensberg, P.C. on

In California U. of Pennsylvania v. Bradshaw, 1491 C.D. 2018, 2019 WL 2305947, (Pa. Cmmw. May 31, 2019), the Commonwealth Court affirmed the Office of Open Records’ conclusion that “only the identities of natural persons are...more

Tucker Arensberg, P.C.

Agencies Must Prove that the Release of Security Footage will Endanger Public Safety and the Physical Security of a Building ...

Tucker Arensberg, P.C. on

When responding to RTKL requests, Open Records Officers biggest concern is inadvertently disclosing information that could put people in danger. While such records are generally exempt from disclosure, it is the agency’s...more

Tucker Arensberg, P.C.

Not All Information Contained in an Agency Employee’s File is Public Record.

Tucker Arensberg, P.C. on

Under the RTKL (Sections 708(b)(12), 708(b)(17), Attorney-Client Privilege/Attorney-Work Product Doctrine) – Responding to Requests. Requesters, instead of seeking specific records, occasionally ask for a collection of...more

Perkins Coie

Congress Overturns FCC’s Broadband Privacy Order [Updated]

Perkins Coie on

New development: President Trump signed the Congressional Review Act (CRA) resolution of disapproval on April 3, 2017. The Federal Communications Commission is now prohibited from promulgating rules “substantially similar” to...more

Perkins Coie

Congress Overturns FCC’s Broadband Privacy Order

Perkins Coie on

Following the U.S. Senate’s recent vote, the U.S. House of Representatives has now voted to overturn the FCC’s Broadband Privacy Order using the Congressional Review Act (CRA). Enacted in 1996, the CRA allows Congress to...more

Ballard Spahr LLP

Pennsylvania Office of Open Records Blasts Charter Schools

Ballard Spahr LLP on

Charter school managers and officials should be aware that the Executive Director of Pennsylvania’s Office of Open Records has recently made public statements criticizing charter schools that take the position that they...more

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