I: Q & A — What makes new Pa. open-records law different?
December 22, 2008 | Filed in: AP Open
Records Series | New RTK
Law
By The Associated Press
Q: What is the major difference between Pennsylvania's old and new Right-to-Know laws?
A: Under the old law, a government record was generally considered public only if it was an "account, voucher or contract" for spending or collecting money, or a "minute, order or decision" of an agency that sets personal or property rights, privileges, immunities, duties or obligations.
The new law presumes records are public — excluding those covered by 30 exceptions listed in the law; records protected by a privilege, such as between attorneys and clients or doctors and patients; and records exempt under another law, rule, court order or decree.
Under the old law, the requester had the legal burden of showing why a record should be released. Under the new law, agencies have the burden of showing why a record should be withheld.
© 2008 The Associated Press – Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Q: What is the major difference between Pennsylvania's old and new Right-to-Know laws?
A: Under the old law, a government record was generally considered public only if it was an "account, voucher or contract" for spending or collecting money, or a "minute, order or decision" of an agency that sets personal or property rights, privileges, immunities, duties or obligations.
The new law presumes records are public — excluding those covered by 30 exceptions listed in the law; records protected by a privilege, such as between attorneys and clients or doctors and patients; and records exempt under another law, rule, court order or decree.
Under the old law, the requester had the legal burden of showing why a record should be released. Under the new law, agencies have the burden of showing why a record should be withheld.
© 2008 The Associated Press – Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.