Pennsylvania Freedom of Information Act

What is the Pennsylvania Freedom of Information Act?

Promulgated in 1966, the Freedom of Information Act (FOIA) creates a statutory right of access to the records of federal agencies, allowing requesters to obtain information about an event, company, organization, group, or other persons deceased or living. Pennsylvania's version of the federal FOIA is known as the Right-to-Know-Law (RTKL). The RTKL provides for access to public records of state and local agencies. Under the RTKL, all documents are presumed to be open to the public except where the governmental agency holding the record can prove otherwise.

The Pennsylvania RTKL was introduced by Senator Dominic Pileggi as SB 1 on March 29, 2007, and later signed into law on February 14, 2008. Although the title and definitions contained in the statute went into effect on February 14, 2008, the central portions of the law took effect from January 1, 2009. The RTKL statutes also established the Office of Open Records (OOR) in February 2008. The OOR is tasked with implementing and enforcing the state's RTKL.

The RKL has undergone several amendments since its promulgation. The most significant change to the law has seen the burden of proof of the public nature of a record removed from requesters. Now, public agencies are burdened with the task of proving that a record is confidential and may not be disclosed to the public. Under the older versions of the RTKL, an appeal of an agency's decision to deny access to a record was required to be filed at the court, which was typically expensive and far more time-consuming than an appeal to the OOR. Pursuant to the latest amendments, appeals now go to the Office of Open Records in Pennsylvania.

Pennsylvania's Right to Know Law was established to improve transparency in the government's activities and decision-making process. The aim is to foster increased participation in government by the public and increase access to information about individual public employees.

What is Covered Under the Pennsylvania Freedom of Information Act?

Any record or information of a commonwealth or local agency not exempted from disclosure by another state or federal is covered under the Pennsylvania Right-to-Know-Law. Under the RTKL, a record is any information documenting the transaction or activity of an agency that is received, created, or retained per law or in connection with the transaction, business, or activity of an agency. The record may be in any physical form or possess any characteristics, such as document, paper, map, letter, book, tape, photograph, film, sound recording, information maintained or stored electronically, and data-processed or image-processed document.

Any agency record that does not fall under one or more of the following categories is a public record under the Pennsylvania RTKL:

Specifically, the following commonwealth and local agencies are covered under the Pennsylvania RTKL:

What Records are Exempt from the Freedom of Information Act in Pennsylvania?

Section 708 of the Pennsylvania RTKL outlines specific exemptions under the law. The following categories of records are expressly prohibited from disclosure by public agencies:

How Do I File a Pennsylvania Freedom of Information Act Request?

To file an RTKL request in Pennsylvania, follow these steps:

Often, the best place to obtain contact information for the AORO is on the agency's website. If you cannot locate it there or the agency does not maintain a website, do a search of the Office of Open Records' (OOR) database of AOROs. If you are still unable to locate the AORO's contact information, you may address your correspondence to "Agency Open Records Officer" and mail it to the agency's primary address.

The following are examples of filing RTKL requests in Pennsylvania:

The Pennsylvania Office of the Attorney General: The Pennsylvania OAG accepts RTKL requests by mail, facsimile, email, or in-person visits. For fax requests, send requests to (717) 705-7244. Email requests must be sent to rtkl@attorneygeneral.gov. For mail requests, complete the Printable Request Form and mail it to:

Office of Attorney General
Right-to-Know Officer
15th Floor, Strawberry Square
Harrisburg, PA 17120

For more information about RTKL requests to the Pennsylvania OAG office, contact the office at (717) 783-1111

The Pennsylvania Department of Health: To file RTKL requests with the health department, visit in person or submit a written request to:

Lisa Keefer
Agency Open Records Officer
PA Department of Health
Rm. 825, Health & Welfare Building
625 Forster Street
Harrisburg, PA 17120
Email: PADOHRTK@pa.gov
Facsimile: (717) 705-6042

It is recommended that you use the department's Right-to-Know-Law Request Form in completing your request.

What is the Cost of a Freedom of Information Act Request in Pennsylvania?

The Office of Open Records devised an Official Fee Structure that establishes the fees that an agency may charge under the Right-to-Know Law. In general, agencies are prohibited from charging additional costs. Except as otherwise authorized by legislation, the RTKL provides that no extra fees may be levied unless the agency incurs expenditures in order to comply with the request, and such fees must be fair. No fees may be charged by an agency for evaluating a record in order to establish its accessibility under the RTKL.

Typically, copy fees are billed at $0.50 for color copies and $0.25 for black and white copies. A certification for a copy of a public record attracts an additional $5 per record. Other provisions in the RTKL for fees specifies that:

Per the Pennsylvania RTKL, if a separate act enables an agency to charge a specific fee for a particular kind of record, the agency may not charge more than the specified fee. For example, according to 42 P.S. 21051, a Recorder of Deeds may charge a copy fee of $0.50 for each uncertified page and $1.50 for every certified page.

How Long Does it Take to Respond to a Freedom of Information Act Request in Pennsylvania?

A commonwealth or local agency has 5 business days to reply in writing:

The 5-business day period is calculated from the day after the receipt of the RTK request during normal business hours. Acceptable causes for a 30-day extension include the following:

If an agency does not reply to a request within the stipulated period, the requester is permitted to presume that access has been denied and may proceed to file an appeal to the Office of Open Records. An appeal must be submitted within 15 business days of the mailing date of the agency's response. Appeals may be submitted to the Office of Open Records at:

333 Market Street
16th Floor
Harrisburg, PA 17101-2234

Appeals may also be sent by facsimile to (717) 425-5343 or by email to openrecords@pa.gov. Appeals are required to be filed in writing and must include:

An appeal may be submitted using the Office of Open Records Appeal Form. Appeals filed by mail must be submitted on an 8 ½ x 11 or 8 ½ x 14-inch paper, except when explicit permissions to use nonconforming papers have been obtained.

The Office of Open Record has 30 days from the date of receipt of the appeal to issue a final determination on the matter. The final determination issued by the OOR is binding on the requester and the agency in question. However, if one of the parties chooses to appeal the ruling, the appeal must be filed with the relevant court within 30 calendar days of the mailing of the OOR's final determination. In an instance where the final determination is appealed to a Commonwealth Court or a Court of Common Pleas, the Pennsylvania RTKL stipulates that the OOR must be served a notice of the appeal.