Pennsylvania
Pennsylvania Right-to-Know Law
65 P.S. §§ 67.101-67.3104 (Act 3 of 2008)
Transparency Score: 95/100
Response Timeline
5 BUSINESS days to respond (grant, deny, or invoke extension). Extension of up to 30 CALENDAR days allowed for: off-site records, staffing issues, legal review, complex requests, unpaid fees, or requester not following agency policy. Failure to respond within 5 days = deemed denial, allowing immediate appeal.
Pennsylvania has no residency requirement. Any person may request records regardless of citizenship, residency, or purpose.
How to Submit a Request
Accepted Methods
Agencies must accept the OOR Standard Request Form. Many agencies also have online portals. Requests should identify records with sufficient specificity.
Required Elements
- Name — Requester's name
- Address — Address to receive response (mailing or email)
- Record description — Identify records sought with sufficient specificity to enable agency to ascertain which records are being requested
Optional Elements
- Preferred format — May request records in specific format (paper, electronic)
- Fee waiver request — May request agency waive fees
- Expedited processing — May explain need for expedited response (agency discretion)
Fees
| Fee Type | Amount | Notes |
|---|---|---|
| Copies (per page) | USD0.50 | |
| Certification | USD5.00 |
Pennsylvania prohibits agencies from charging for search time, staff time, legal review, or redaction. Only duplication and material costs are chargeable. Agencies may withhold records if requester has unpaid fees from prior requests.
Fee Waivers
- All fees may be waived at the discretion of the agency
- Agency may waive fees for requesters who cannot afford them
Fee waivers are entirely at agency discretion. No statutory categories for automatic waivers. Agencies are encouraged to waive fees for requests that serve the public interest.
Exemptions
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Personal security / loss of fundsRecords whose disclosure would result in loss of federal/state funds or substantial risk of physical harm to an individual
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Public safetyMilitary, homeland security, law enforcement, or safety records that would jeopardize or threaten public safety
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Personal identificationSocial Security numbers, driver's license numbers, personal phone/email, spouse names, home addresses of law enforcement/judges
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Personnel recordsPerformance reviews, employment applications, disciplinary records, grievances, academic transcripts
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Internal deliberationsPredecisional deliberations, internal agency policy/budget strategy. Excludes factual records and final agency decisions
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Trade secretsTrade secrets and confidential proprietary business information submitted by a private entity
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Criminal investigationsCriminal investigation records including complaints, investigative materials, confidential sources, victim information
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Non-criminal investigationsNon-criminal investigative records including complaints, investigative materials, and records revealing investigation progress
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911 recordingsEmergency dispatch recordings unless public interest in disclosure outweighs confidentiality interests
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Minor identificationNames, home addresses, or birthdates of children under 18
Pennsylvania RTKL contains 30 exemption categories in Section 708(b). Records are presumed public unless exempt. Burden of proof is on the agency to demonstrate exemption applies. Agencies must provide specific legal basis for each exemption claimed.
Appeal Process
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Pennsylvania has one of the strongest administrative appeal processes in the US. The Office of Open Records (OOR) provides free, binding adjudication of appeals within 30 days. OOR issues detailed written decisions with legal analysis. Alternative mediation program available. Appeals officers for legislative agencies (Senate, House) and judicial agencies handle those bodies' appeals.
Request Templates
OOR Standard Right-to-Know Request Form →
PA Office of Open Records
OOR Online Appeal Form →
PA Office of Open Records
RCFP Open Government Guide - Pennsylvania →
Reporters Committee for Freedom of the Press
OOR Citizens' Guide to RTKL →
PA Office of Open Records
ACLU of PA Right-to-Know Law 101 →
ACLU of Pennsylvania
Records Retention
204 Pa. Code 213.51; Management Directive 210.5
Records management is governed by Executive Order 1992-1 and Management Directive 210.5 rather than a single unified statute. The County Records Act creates a County Records Committee; the Municipal Records Act creates a Local Government Records Committee. PHMC administers retention schedules for all Executive Branch agencies.