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Pennsylvania Right-to-Know Law: How to Request Public Records

Independently fact-checked against primary sources (last audited August 4, 2026). · 4 primary sources cited on this page. How we verify our legal content

Pennsylvania Right-to-Know Law: How to Request Public Records

Frequently Asked Questions

How long do I have to appeal a Pennsylvania Right-to-Know denial?

Fifteen business days. Section 1101(a)(1) gives a requester 15 business days from the mailing date of the agency's response, or 15 business days from a deemed denial, to file an appeal with the Office of Open Records or the appropriate designated appeals officer. The clock runs from the mailing date, not from when you read it, and a deemed denial happens automatically when an agency fails to respond within 5 business days.

What is a deemed denial in Pennsylvania?

It is what happens when an agency says nothing. Section 901 requires a response within 5 business days of the open-records officer receiving a written request, and provides that if the agency fails to send a response in that window, the request is deemed denied. A deemed denial has the same effect as a written denial for appeal purposes, so your 15 business day appeal window starts running even though no letter ever arrived.

Do I have to live in Pennsylvania to file a Right-to-Know request?

No. The Act defines a requester as 'a person that is a legal resident of the United States and requests a record pursuant to this act.' Pennsylvania residency is not required. The statutory right is written for legal residents of the United States, so a requester based outside the country is outside the definition, although agencies often respond to such requests anyway.

Does it cost anything to appeal to the Office of Open Records?

No. There is no filing fee, and you do not need a lawyer. You file an appeal stating the grounds on which you assert the record is public and addressing the reasons the agency gave. The appeals officer must issue a Final Determination within 30 days of receiving the appeal unless you agree to an extension, and if no determination issues in that window the appeal is deemed denied.

How much can a Pennsylvania agency charge for copies?

Duplication rates for Commonwealth and local agencies are set by the Office of Open Records rather than by the statute, and must be reasonable and based on prevailing fees for comparable duplication services from local businesses. Postage cannot exceed actual mailing cost. Importantly, Section 1307(g) prohibits any fee for the agency's review of a record to decide whether it is subject to access. An agency may require prepayment where fees are expected to exceed 100 dollars. Check the current OOR fee schedule for the per page figure; we do not state one here because we have not verified a current number.

Do I have to say why I want the records?

No. Section 703 provides that a written request need not include any explanation of the requester's reason for requesting or intended use of the records unless otherwise required by law. Section 702 even allows agencies to fulfill anonymous requests, though a written request is required if you want to use the Act's appeal and enforcement remedies.

Can I get police body camera footage through a Right-to-Know request?

Generally not through the RTKL. Pennsylvania handles law enforcement audio and video recordings under a separate statutory scheme in Title 42, with its own request procedure and a court petition route rather than an Office of Open Records appeal. Filing an RTKL request and appealing to the OOR can waste weeks on the wrong track, so confirm with the agency which process applies. The separate scheme was not independently verified for this page.

Where do I appeal if a Pennsylvania police department denies a criminal investigative record?

To the county district attorney's appeals officer, not the Office of Open Records. Section 503(a) sends Commonwealth and local agency appeals to the OOR only 'except as provided in subsection (d),' and Section 503(d)(2) provides that the district attorney of a county designates one or more appeals officers to hear appeals relating to access to criminal investigative records in the possession of a local agency of that county. That officer also decides whether the record is a criminal investigative record in the first place. The 15 business day deadline is the same, so filing at the OOR by mistake can burn the window.

Which court hears an appeal from an Office of Open Records determination?

It depends on the agency. Under Section 1301, a Final Determination involving a Commonwealth agency, a legislative agency or a judicial agency is appealed to the Commonwealth Court. Under Section 1302, a determination involving a local agency such as a township, borough, city, county or school district goes to the court of common pleas for the county where the agency is located. Either way the deadline is 30 days from the mailing date of the Final Determination.

Updates

Corrected the appeals-officer subsections under the Right-to-Know Law and added the Section 503(d)(2) route sending appeals over criminal investigative records held by local police to the county district attorney rather than the Office of Open Records, and clarified that a petition for review stays release of documents under Section 1302 as well as Section 1301.

Independently fact-checked against the cited primary sources

Sources and References

  1. Right-to-Know Law, Act 3 of 2008, full text (Pennsylvania General Assembly)(legis.state.pa.us).gov
  2. Pennsylvania Office of Open Records(openrecords.pa.gov).gov
  3. 104 Pa. Code § 7.16, RTKL appeals (appeal filed within 15 business days of the mailing date of the denial or deemed denial)(pacodeandbulletin.gov).gov
  4. FOIA.gov, the US government FOIA portal (federal requests)(foia.gov).gov
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