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    Dep’t of Educ. v. Massey (Pa. Commw. Ct. Oct. 20, 2025)

    Opinion Affirming Office of Open Records Final Determinations. Petitioners, the Department of Education and Pennsylvania State University, in a set of consolidated cases, appealed the Pennsylvania Office of Open Records’s (OOR) final determinations granting a journalist from Spotlight PA access to several records regarding the Board of Trustees. OOR partially granted respondent’s Right-to-Know Law (RTKL) request in which he sought copies of electronic documents that were created by the university and sent via an electronic system to the Departments of Education and Agriculture. The court upheld OOR’s determination, reasoning that the records requested are public records under RTKL that were received by the Departments and were therefore within the “possession, custody, or control of the Departments”, and that they are not “confidential proprietary information” as argued by petitioners.  

    Topics:

    Electronic Discovery & Electronically Stored Information | Governance | Governing Boards & Administrators | Litigation, Mediation & Arbitration | Technology