EXEMPTIONS What you can’t have


There are 31 categories of exemptions under Pennsylvania’s new Right to Know law, which covers access to government records. Records that are also protected by a privilege or by another law are exempt.

Privileged information includes:

The attorney-work product doctrine.

The attorney-client privilege.

The doctor-patient privilege.

The speech-and-debate privilege.

Exemptions

Records that, if disclosed, would result in loss of federal or state funds.

Records, that, if public, might cause physical harm to someone.

Records that would jeopardize homeland security, public safety or the security of a public building, utility or information storage system if released.

Those that would reveal medical or psychological information about someone.

Personal identification information, such as Social Security numbers, driver’s license numbers, personal financial information, personal phone numbers, personal e-mail addresses, employee numbers, a spouse’s name, marital status, and beneficiary or dependent information.

Home addresses of law enforcement workers or judges.

Records relating to certain personnel issues of public employees.

Those that reveal collective bargaining strategy or negotiations — final contracts, orders and awards regarding negotiations are public.

Drafts of bills, resolutions, policies, management directives or ordinances.

Predecisional deliberations of agencies relating to a budget, legislation or a policy.

Trade secrets or other proprietary information.

Notes or papers used by a public individual for his personal use.

Records that would disclose the identity of an agency donor, unless the donation benefits a named public official or employee of the agency.

Unpublished academic materials, academic transcripts and test materials.

Criminal or noncriminal investigative records, or 911 records. Police blotters, most traffic report information and 911 time response logs are public.

DNA and RNA records.

Autopsy reports, except name and cause and manner of death.

Draft minutes of an agency and executive-session minutes.

Real estate information relating to an agency’s proposed acquisition, lease or disposal of property. Once action on property is taken, it becomes public.

Library circulation records.

Records identifying an archeological site or the site of a rare plant.

Proposals relating to an agency’s buying or disposing of supplies, services or construction before the opening of bids or award of a contract.

Communications between an agency and its insurance carrier, administrative service organization or risk management office.

Records identifying people who apply for or receive social services.

Correspondence that would identify a person requesting assistance or constituent services from a legislator.

Personal identification information on minors.

To find more information on Act 3, Pennsylvania’s new open records law that goes into effect Jan. 1, visit these Web sites:

The Pennsylvania Newspaper Association: www.pa-newspaper.org. Click on “Legal Resources under the “Learn About” section.

Office of Open Records: openrecords.state.pa.us Do not put www before the address.