Daily Archives: January 6, 2011

The Commonwealth Court ruled that an agency is not required to provide access to records merely because those records are under its “control.” Only records that are in the agency’s possession – or that are held by a government contractor and directly relate to a government function – can be considered “public records” under the Right to Know Law.

The Commonwealth Court ruled that emails on the personal computer or in the personal email account of a public official are not considered records of an agency under the Right to Know Law.

The Commonwealth Court held that an agency’s open records officer cannot waive the agency’s attorney-client privilege by unilaterally deciding to release privileged records.