Pennsylvania

3. Student records.

Transcripts are exempt from disclosure under the Act.  Section 708(b)(15)(i).

C. Court-derived exclusions, common law prohibitions, recognized privileges against disclosure.

The scope of records covered by the Act does not “supersede or modify the public or nonpublic nature of a record or document established in Federal or State law, regulation or judicial order or decree.” Section 306. Elsewhere the Act makes the same point clear: “If the provisions of this Act regarding access to records conflict with any other federal or state law, the provisions of this Act shall not apply.” Section 3101.1. In other words, if some other Pennsylvania or federal statute, regulation or order requires or prohibits access, the Act does not change that.

1. Where to ask for ruling. M4B1

(This section is blank. See the subpoints below.)

(2). To whom notice is given. M1E1B2

The public, and interested parties.

There is no requirement that an agency provide individualized written notice to a person whose business with an agency will be conducted at a particular meeting. See Sheetz, Inc. v. Phoenixville Borough Council, 804 A.2d 113 (Pa. Commw. Ct. 2002).

5. Service of police or other administrative subpoenas

There are numerous provisions under Pennsylvania law that provide administrative bodies with the power to issue subpoenas. Provisions that may be important to the exercise of a reporter's statutory and constitutional privilege include the following:

3. Contents of a written request.

The Act requires that the Office of Open Records “develop a uniform form which shall be accepted by all Commonwealth and local agencies in addition to any form used by the agency to file a request;” Section 505(a).

The Act states that judicial agencies or the Administrative Office of Pennsylvania Courts “may develop a form to request financial records or may accept a form developed by the Office of Open Records.” Section 505(b).

3. Private matter message on government hardware.

Private matter messages stored on government hardware are presumptively accessible.