Pennsylvania Office of Open Records

Home Address Advisory - Supreme Court Injunction Mission Statement "The Mission of the Office of Open Records is to enforce the state’s Right-to-Know law and to serve as a resource for citizens, public officials and members of the media in obtaining public records of their government."  A Message from Terry Mutchler, Executive Director Ensuring open and honest government is a bedrock principle of democracy. It can only be attained through the unfettered exchange of information between citizens and their government. A citizen’s right-to-know, sometimes known as freedom of information, fosters accountability, prevents abuses of power and promotes trust in government. Pennsylvania has codified this important right to access government records in Act 3 of 2008, called the Right-to-Know law. Signed on February 14, 2008, the Right-To-Know Law fundamentally changed the way people access public records of their government. The hallmark of this new law, which fully became effective January 1, 2009, is its presumption of openness. For the first time in Pennsylvania history, citizens no longer have to prove that a record is public and that it should be released. Now, a government agency must presume that a record is a public record available for inspection or copying. If the government agency chooses to withhold a record, the agency has the burden to prove – with legal citation – why that record should not be available to the public. The law, sponsored by Senate Majority Leader Dominic Pileggi, also established an Office of Open Records. The mission of the Office of Open Records is to enforce the new Right-to-Know law and to serve as a resource to citizens, public officials and members of the media. It is my great privilege to serve as the Commonwealth’s first Executive Director of this independent office. You have my pledge that in this six-year term, I will work tirelessly to ensure compliance with the law and to help citizens, government officials and members of the media better understand their rights and obligations.  My goal is to apply this law fairly and evenly and, through this law, alter what I call the "culture of closedness" that permeates government. I encourage you to look through our website where you will find regularly updated information about the law and a schedule of on-going trainings regarding this new law. I will always welcome your questions, comments and suggestions to improve access to government because I believe that this government does not belong to me, or to any other public official, but rather this government belongs to you. Terry Mutchler

Frequently Asked Questions (FAQs) When does the new Right-To-Know law take effect? [Section 3104] What is the single biggest change under the new law? [Section 305] Does the Office of Open Records have established rules and regulations or guidelines regarding the new law? [Section 504, 1102] How can I request information from my local government or state agency? [Section 703] Is there a form I can use to use to obtain records? [Section 505] Can a public body ask why a person wants obtain the information? [Section 1308] Can a request be denied because the requester is not a citizen of Pennsylvania? [Section 102] Can a state agency or local agency charge me for copying records? [Section 1307] Can a state agency or local agency charge additional fees? [Section 1307] Does the OOR recommend state and local agencies take any particular actions to help them be in compliance with the new law? If our local or state agency receives a right-to-know request what must we do to be in compliance with the new law? [Section 502, 703, 901] Are emails public record? [Section 102] Can a public body limit the number of requests that a citizen can make? [Section1308(1)]. Can a requester ask for records in person? Can a requester ask for records by telephone? Are itemized cell phone bills public record? What are some examples of public records? What are some types of information that will NOT be available? Does the new law cover records created before January 1, 2009? What personal liability does an open-records officer or agency have? [Section 1304, 1305, 1306] Will the new Right-to-Know Law give me access to adoption records? Are Tax Collectors Considered an "Agency" under the new law? If I want records of an Agency should I just send the request to the Office of Open Records? Are Volunteer Fire Companies and their records subject to the Right-to-Know Law? Are Autopsy Reports Public Record? How does an agency provide evidence that a record doesn’t exist? How does an agency provide evidence to support other facts that is admissible into the record and is sufficient to meet its burden of proof? When does the new Right-To-Know law take effect? [Section 3104]  The new law was signed on February 14, 2008. Most of the new law took effect on January 1, 2009, but the entire law took effect in three stages: The title, definitions and creation of the Office of Open Records took effect on February 14, 2008. July 1, 2008: All state contracts exceeding $5,000 must be posted on Treasury’s Web site. Each agency must submit to the Treasury these contracts or a summary of thereof. January 1, 2009, the remaining portion of the law. - Back to Top - What is the single biggest change under the new law? [Section 305]  Agencies now have the burden to establish why a record should not be released. The old law put the burden on a requestor to establish why the record was a public record. - Back to Top - Does the Office of Open Records have established rules and regulations or guidelines regarding the new law? [Section 504, 1102] Yes. These guidelines are available on our website, and will serve as guidance until the formal regulations are approved in coming years. OOR intends to gather as much public comment and input as possible prior to the regulations being published in final form. - Back to Top - How can I request information from my local government or state agency? [Section 703]  You can make a request four ways: mail, fax, e-mail or in person. The request must be sufficiently “specific” to allow the public body to identify what you are seeking. - Back to Top - Is there a form I can use to use to obtain records? [Section 505]  Yes, a standard Office of Open Records request form is available on this Web site (FORMS) that you can use. A local government agency can use its own form, but they also must accept the Office of Open Records Request form. - Back to Top - Can a public body ask why a person wants obtain the information? [Section 1308]  No. The law prohibits a public body from requiring a person “to disclose the purpose or motive in requesting access to records.” - Back to Top - Can a request be denied because the requester is not a citizen of Pennsylvania? [Section 102]  No. Any legal resident of the United States can request a record, including a person with a green card. - Back to Top - Can a state agency or local agency charge me for copying records? [Section 1307]  Yes. However, the law states that the Office of Open Records will establish fees for duplication. The fee structure is available on this Web site. - Back to Top - Can a state agency or local agency charge additional fees? [Section 1307]  Generally, no. The law states that, “[e]xcept as otherwise provided by statute, no other fees may be imposed unless the agency necessarily incurs costs for complying with the request, and such fees must be reasonable. No fee may be imposed for an agency’s review of a record to determine whether the record is a public record, legislative record or financial record subject to access in accordance with this act.” If a separate statute authorizes an agency to charge a set amount for a certain type of record, the agency may charge no more than that statutory amount. For example, a Recorder of Deeds may charge a copy fee of 50 cents per uncertified page and $1.50 per certified page under 42 P.S. § 21051.