Legal Blog

Pennsylvania Public Records Requesting: Who Can Request a Record?

The RTKL is a Pennsylvania law that applies to all Pennsylvania Commonwealth and local agencies.  But do you need to be a Pennsylvania resident to make a request under the RTKL?

No!

Under the old version of the RTKL, only PA residents could request records under the RTKL.  The current version of the RTKL, passed in 2008, defines a “Requester” as “a person that is a legal resident of the United States and requests a record pursuant to this act.”

In 2006, the Third Circuit held that Delaware’s open records law – which, like the version of the RTKL in place in 2006 limited records requesting to residents of the state – violated the privileges and immunities clause of the US Constitution.  That decision prompted PA to expand the definition of “Requester” in its 2008 overhaul of the RTKL.

Ironically, after PA broadened its definition of “requester” in 2008, the U.S. Supreme Court overruled the Third Circuit on the “privileges and immunities” issue.  A state can include a “citizens-only” provision in its public records law.  But, in the spirit of open records, PA has kept the broadened definition.

 

If you have any questions on this topic please contact Megan Shannon at mshannon@offitkurman.com or 267.338.1328.

 

ABOUT MEGAN SHANNON

mshannon@offitkurman.com | 267.338.1328

Megan Shannon is an attorney in the firm’s insurance recovery group.  She represents policyholders in disputes with insurance companies involving a wide range of insurance policies.  She advises clients on the insurance coverage available to them when they suffer a loss or are named as a defendant in litigation.  Ms. Shannon helps clients present claims to their insurance company to efficiently claim all benefits.

 

 

 

 

 

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the mid-Atlantic region. With over 185 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our twelve offices serve individual and corporate clients along the I95 corridor in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City regions. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

Find out why Offit Kurman is The Better Way to protect your business, your assets and your family by connecting via our BlogFacebookTwitterInstagramYouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.

MARYLAND | PENNSYLVANIA | VIRGINIA | NEW JERSEY | NEW YORK | DELAWARE | WASHINGTON, DC