Open Records: Q &A
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.
