The Act provides for a civil penalty in two situations:
1. A civil penalty of “not more than $1,500” if an agency denied access to a public record “in bad faith.”
2. A civil penalty of “not more than $500 per day until the public records are provided” if the agency or public official “does not promptly comply with a court order.” Section 1305(a)(b).
The Act does not explicitly provide for criminal liability. Yet it provides for immunity from civil and criminal liability in certain circumstances.
It states that “[e]xcept as provided for in sections 1304 and 1305 and other statutes governing the release of records, no agency, public official or public employee shall be liable for civil damages or penalties resulting from compliance or failure to comply with this act.” Section 1306(a).
Moreover, “[n]o agency, public official or public employees shall be liable for civil or criminal damages or penalties under this act for complying with any written public record retention and disposition schedule.” Section 1306(b).
Other statutory provisions penalize a failure to disclose. See, e.g., 25 Pa. Cons. Stat. § 3503-04 (misdemeanor, punishable by fine or imprisonment, to refuse to permit inspection of election records).