AN ACT

 

1Amending the act of February 14, 2008 (P.L.6, No.3), entitled
2"An act providing for access to public information, for a
3designated open-records officer in each Commonwealth agency,
4local agency, judicial agency and legislative agency, for
5procedure, for appeal of agency determination, for judicial
6review and for the Office of Open Records; imposing
7penalties; providing for reporting by State-related
8institutions; requiring the posting of certain State contract
9information on the Internet; and making related repeals," in
10access, further providing for requests; and, in procedure,
11further providing for redaction.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Sections 506(c) and 706 of the act of February
1514, 2008 (P.L.6, No.3), known as the Right-to-Know Law, are
16amended to read:

17Section 506. Requests.

18* * *

19(c) Agency discretion.--An agency may exercise its

1discretion to make any otherwise exempt record accessible for
2inspection and copying under this chapter, if all of the
3following apply:

4(1) Disclosure of the record is not prohibited under any
5of the following:

6(i) Federal or State law or regulation.

7(ii) Judicial order or decree.

8(2) The record is not protected by a privilege.

9(3) The agency head determines that the public interest
10favoring access outweighs any individual, agency or public
11interest that may favor restriction of access.

12(4) The record does not contain a person's Social
13Security number, unless the Social Security number has been
14redacted under section 706.

15* * *

16Section 706. Redaction.

17(a) General rule.--If an agency determines that a public
18record, legislative record or financial record contains
19information which is subject to access as well as information
20which is not subject to access, the agency's response shall
21grant access to the information which is subject to access and
22deny access to the information which is not subject to access.
23If the information which is not subject to access is an integral
24part of the public record, legislative record or financial
25record and cannot be separated, the agency shall redact from the
26record the information which is not subject to access, and the
27response shall grant access to the information which is subject
28to access. The agency may not deny access to the record if the
29information which is not subject to access is able to be
30redacted. Information which an agency redacts in accordance with

1this subsection shall be deemed a denial under Chapter 9.

2(b) Social Security numbers.--If an agency determines that a
3public record, legislative record or financial record contains
4information that is subject to access and includes a person's
5Social Security number, the agency's response shall grant access
6to the information that is subject to access and deny access to
7the Social Security number by redacting the Social Security
8number from the record.

9(c) Online posting of records.--Subsections (a) and (b)
10shall apply to all records made available on a publicly
11accessible Internet website. An agency shall, within six months
12of the effective date of this subsection, redact all Social
13Security numbers from records made available on a publicly
14accessible Internet website owned, operated or controlled by the
15agency or a party with whom the agency has contracted to own,
16operate or control the Internet website.

17Section 2. This act shall take effect in 60 days.