Pennsylvania

1. Is software public?

Under Section 708(b)(4), software is presumptively accessible unless it “would be reasonably likely to jeopardize [the agency’s] computer security.”

b. Notice requirements. M1E3B

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

E. Appellate proceedings

Overview

Pennsylvania

6. Subsequent remedies.

A dissatisfied requester or agency may file an appeal with the Commonwealth Court. Section 1301(a).

If an appeal is filed, the agency, the requester and the Office of Open Records or designated appeals officer shall be served with notice and shall have an opportunity to respond. Section 1303(a). 

B. Elements

Since the Pennsylvania Shield Law provides an absolute privilege against compelled disclosure of confidential source information, the predominant issues generally are whether the subpoenaed information is confidential source information and whether the Shield Law's protections have been waived by publication of the identity of the confidential source.

Under the First Amendment privilege, the Pennsylvania Supreme Court stated the elements as follows (without actually ruling that there is such a privilege in Pennsylvania):

G. Collective bargaining records.

The Act exempts several types of records pertaining to collective bargaining proceedings while they are pending.

It exempts any “record pertaining to strategy or negotiations relating to labor relations or collective bargaining and related arbitration proceedings.” Section 708(b)(8). But this exemption does not extend to “a final or executed contract or agreement between the parties in a collective bargaining procedure.” Id.

D. Interviewing judges

Overview

Pennsylvania

A. Who can request records?

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