Office of the Lieutenant Governor v. Mohn
2013 Pa. Commw. LEXIS 125
| Pa. Commw. Ct. | 2013Background
- Requester sought RTKL records from OLG: all agency-issued e-mail addresses for the Lieutenant Governor and two Board of Pardons employees, all agency-issued telephone numbers for an OLG employee, the home addresses of the Lieutenant Governor and an OLG employee, and copies of OLG’s responses to prior RTKL requests.
- OLG treated request as for government-issued emails/telephone numbers and disclosed publicly available contacts, but denied additional personal email addresses and the home address under personal identification information and personal security exemptions.
- OOR granted access to the OLG employee’s home address and all agency-issued e-mail addresses for the Lieutenant Governor, and rejected the broad interpretation of “personal” emails; found no basis to withhold the home address under privacy or security concerns.
- OLG argued for a constitutional privacy balancing test under the current RTKL, relying on prior case law; the court recognized the historical privacy framework and noted Duncan as limiting a blanket privacy right to home addresses.
- The court affirmed OOR’s access to the home address but reversed the portion granting access to all agency-issued e-mail addresses for the Lieutenant Governor, holding those emails fall within the RTKL’s personal identification information exemption.
- Judge Brobson did not participate in the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a constitutional privacy right in home addresses under the PA Constitution. | OLG asserts a continued privacy balancing test. | Mohn contends no constitutional privacy right exists to block disclosure. | No constitutional privacy right; disclosure allowed. |
| Whether home addresses are exempt under RTKL personal security or should be disclosed. | OLG bears burden to show risk of harm; addresses are sensitive. | Disclosures constitute public records; lack of privacy interest. | Home address disclosure upheld. |
| Whether government-issued personal e-mail addresses are protected as personal identification information. | Emails used for public business are public records; addresses should be disclosed. | Personal email addresses are exempt as personal identification information. | Reversed for Lt. Governor emails; they are exempt. |
| Whether the RTKL allows the OOR to withhold government emails for public officials based on the personal identification information exemption. | Public emails are essential for accountability of public officials. | Addresses used for official business remain personal to the official. | Emails not fully disclosed; exemption applies. |
Key Cases Cited
- Duncan v. Commonwealth, 572 Pa. 438, 817 A.2d 455 (Pa. 2003) (privacy not extending to home addresses under PA Constitution; two-part test governing privacy)
- Times Publishing Co., Inc. v. Michel, 159 Pa.Cmwlth. 398, 633 A.2d 1233 (Pa. Cmwlth. 1993) (applies privacy analysis to personal security exemption under old RTKL)
- Sapp Roofing v. Sheet Metal Workers’ Int’l Ass’n, 552 Pa. 105, 713 A.2d 627 (Pa. 1998) (privacy outweighs disclosure of payroll/addresses in public records)
- Pennsylvania State University v. State Employees’ Retirement Board, 594 Pa. 244, 935 A.2d 530 (Pa. 2007) (privacy rights in personal information weighed against public interest)
- PSEA ex rel. Wilson v. Commonwealth, — Pa. —, 50 A.3d 1263 (Pa. 2012) (due process concerns and notice; privacy interests in RTKL context)
- Marin v. Secretary of the Commonwealth, 41 A.3d 913, aff’d per curiam, 66 A.3d 250 (Pa. Cmwlth. 2012; 2013) (address privacy in RTKL context; per curiam affirmed)
- Tribune-Review Publishing Co. v. Bodack, 599 Pa. 256, 961 A.2d 110 (Pa. 2008) (privacy rights in home addresses tied to personal security)
- Schaefer ex rel. Philadelphia Inquirer v. Delaware County, 45 A.3d 1149 (Pa.Cmwlth. 2012) (interpretation of ‘personal security’ in RTKL context)