Denied: Request that posed question, didn't request record
Granted: A request to the
Pennsylvania Department of Health seeking
information regarding statistics on HIV cases in
the state. The agency denied the request, stating
that the request sought an answer to a question,
not records.
From
the Pennsylvania Freedom of Information Coalition
Granted: A request to the Pennsylvania Department of Health seeking information regarding statistics on HIV cases in the state. The agency denied the request, stating that the request sought an answer to a question, not records.
In response to the appeal, the department reiterated that her request did not specify which record was being requested. The Office of Open Records agreed.
"As a practical matter, the OOR encourages parties to discuss and arrange mutually acceptable options that will allow a requester to clarify his/her request and to obtain the documents to which he/she is entitled while avoiding placing an undue burden on the agency," the OOR wrote. "Such a procedure allows the agency to determine whether it will provide copies of the requested records to the Citizen prior to involving the OOR."
Wei vs. Department of Health -- AP 2009-0391
Granted: A request to the Pennsylvania Department of Health seeking information regarding statistics on HIV cases in the state. The agency denied the request, stating that the request sought an answer to a question, not records.
In response to the appeal, the department reiterated that her request did not specify which record was being requested. The Office of Open Records agreed.
"As a practical matter, the OOR encourages parties to discuss and arrange mutually acceptable options that will allow a requester to clarify his/her request and to obtain the documents to which he/she is entitled while avoiding placing an undue burden on the agency," the OOR wrote. "Such a procedure allows the agency to determine whether it will provide copies of the requested records to the Citizen prior to involving the OOR."
Wei vs. Department of Health -- AP 2009-0391