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Ruling: Citizens may snap photos of public documents

2 min read

Anyone can now use a smartphone or camera to photograph public documents after an Aug. 14 ruling from the Pennsylvania Office of Open Records said agencies cannot charge copy fees when a person asks to snap photos instead.

This does not apply to documents in the court system, according to Pennsylvania News Media Association media law attorney Melissa Melewsky.

“This is solely to do with records under the state’s Right to Know Law, which concerns organizations like municipal government and school boards. A recorder of deeds or any other court official, or a magisterial office, can still charge for copies because they are regulated by other state statutes for access,” she said.

That means historical museums or agencies with large artifacts, like maps or archived census data, may charge fees because they are governed by separate state statutes, according to Open Records Office Executive Director Erik Arneson. He added police documents, which sometimes contain confidential information, are also excluded from the ruling.

The ruling comes from a Reserve Township, Allegheny County, case in April in which Todd Muenz appealed after he was told he could inspect township receipts for officials attending Pennsylvania State Association of Township Commissioners events, but could not photograph them.

“Inspecting documents under this ruling includes photographing documents,” said Melewsky, adding a person asking to inspect documents does not have to give a reason for the request.

The ruling said “prohibiting the photographing of documents would be contrary to the purpose of (the Right to Know Law), which is to maximize access to government records.”

However, the ruling rejected Muenz’s plea to examine and photograph documents in private.

“It’s not unreasonable for an agency official – the police chief in this instance – to supervise a person while they go over files (because they could) be altered or destroyed,” Arneson said.

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