THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MAHER AND BLOOM, SEPTEMBER 17, 2012

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 17, 2012  

AN ACT

Amending the act of February 14, 2008 (P.L.6, No.3), entitled

"An act providing for access to public information, for a

designated open-records officer in each Commonwealth agency,

local agency, judicial agency and legislative agency, for

procedure, for appeal of agency determination, for judicial

review and for the Office of Open Records; imposing

penalties; providing for reporting by State-related

institutions; requiring the posting of certain State contract

information on the Internet; and making related repeals,"

further providing for exceptions for public records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 708(b)(3), (4) and (6) of the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,

are amended to read:

Section 708.  Exceptions for public records.

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(b)  Exceptions.--Except as provided in subsections (c) and

(d), the following are exempt from access by a requester under

this act:

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(3)  A record, the disclosure of which creates a

reasonable likelihood of endangering the safety or the

physical security of a building, public utility, resource,

infrastructure, facility or information storage system, which

may include:

(i)  documents or data relating to computer hardware,

source files, software and system networks that could

jeopardize computer security by exposing a vulnerability

in preventing, protecting against, mitigating or

responding to a terrorist act;

(ii)  lists of infrastructure, resources and

significant special events, including those defined by

the Federal Government in the National Infrastructure

Protections, which are deemed critical due to their

nature and which result from risk analysis; threat

assessments; consequences assessments; antiterrorism

protective measures and plans; counterterrorism measures

and plans; and security and response needs assessments;

and

(iii)  building plans or infrastructure records that

expose or create vulnerability through disclosure of the

location, configuration or security of critical systems,

including public utility systems, structural elements,

technology, communication, electrical, fire suppression,

ventilation, water, wastewater, sewage and gas systems.

This paragraph shall not apply to an agency-issued employee

e-mail address.

(4)  (i)  A record regarding computer hardware, software

and networks, including administrative or technical

records, which, if disclosed, would be reasonably likely

to jeopardize computer security.

(ii)  This paragraph shall not apply to an agency-

issued employee e-mail address.

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(6)  (i)  The following personal identification

information:

(A)  A record containing all or part of a

person's Social Security number, driver's license

number, personal financial information, home,

personal cellular or other personal telephone

numbers, personal e-mail addresses, employee number

or other confidential personal identification number.

(B)  A spouse's name, marital status or

beneficiary or dependent information.

(C)  The home address of a law enforcement

officer or judge.

(ii)  Nothing in this paragraph shall preclude the

release of the name, position, agency-issued e-mail

address, agency-issued cellular telephone number, salary,

actual compensation or other payments or expenses,

employment contract, employment-related contract or

agreement and length of service of a public official or

an agency employee.

(iii)  An agency may redact the name or other

identifying information relating to an individual

performing an undercover or covert law enforcement

activity from a record.

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