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SB790 , sponsored by Senator Cris Dush, passed out of committee on June 4 by a vote of 9-2, and will face a vote of the full senate. This bill is supposedly addressing concerns with Right-To-Know requests that are deemed to be excessive and harassing of government workers. It is not clear which actual examples have led to the perceived need for such a bill. Ultimately the decision about characterizing such charges will be left up to the courts, with the requester being the defendant. The legislation claims to not intended to limit RTK access, though it will chill on it, and will undoubtedly leave final decision up to the courts.
The problem with the legislation is:
- It creates a layer of bureaucracy between We The People and the information that may be sought under Right to Know law. Within this bureaucracy, a determination can be made that the request is unreasonable, insincere, or harassing, and therefore not in need of being fulfilled.
- It brings penalties for people found to be “vexatious”.
- There is a subjective process to arrive at the conclusion of what is regarded as “vexatious”.
- The byproduct if this is to put a chill on the freedom of information that should be expected by Pennsylvanians.
- Judicial Determination and Restrictions:
- A court may designate a requester as vexatious if it determines, after a hearing, that the requester has a pattern of conduct demonstrating an intent to use RTK requests to harass or overburden an agency, rather than seeking records for their informational value.
- If designated as a vexatious requester, the court may:
- Prohibit the requester from submitting new RTK requests to the affected agency for a specified period.
- Require the requester to seek court permission before filing new requests with the agency during that period,
- Impose other reasonable restrictions on the requester’s ability to file RTK requests, tailored to prevent further abuse while balancing access to public records.
- Factors Considered for Vexatious Designation:
- The court evaluates factors such as the number, frequency, and scope of requests; whether requests seek records already provided; evidence of abusive or harassing intent; and the burden imposed on the agency.
- The designation is not based solely on the volume of requests but requires clear evidence of intent to disrupt agency operations or harass.
- Appeal Process:
- A requester designated as vexatious may appeal the court’s decision, ensuring due process.
- During the appeal, restrictions on filing new requests may remain in effect unless the court orders otherwise.
You can call your senator to express concerns however, at this time, it is not clear when this will come up for a vote in the full senate. Check back periodically for updates.
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