News & Analysis as of

Right To Know

McCarter & English, LLP

Privilege Denied When Facilities Fail To Comply With NJ Patient Safety Act

Two New Jersey healthcare facilities that violated the New Jersey Patient Safety Act, N.J.S.A. §§ 26:2H-12.23 to -12.25, (PSA), must provide plaintiff patients with internal reports and documents relating to adverse events,...more

Tucker Arensberg, P.C.

OOR (Office of Open Records) Holds that “Frank Curry” FOIA Buddy Requests Can Be Denied for Being Anonymous

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In Frank Curry and FOIABuddy v. South Western School District, AP 2024-1311, a school district (“District”) received a request for records related to IT operations, contracts, staff, and IT budget from Frank Curry and...more

Fox Rothschild LLP

PA Office of Open Records Affirms Human Relations Commission Investigations Are Not Subject to Public Disclosure

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The Pennsylvania Office of Open Records (OOR) has determined that investigations of alleged discrimination by the Pennsylvania Human Relations Commission (PHRC) are “noncriminal investigations,” and that associated records...more

Conn Maciel Carey LLP

[Webinar] Major Updates to OSHA's Hazard Communication (Chemical Right-to-Know) Standard - June 20th, 1:00 pm ET

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On May 20, 2024, OSHA published its long-in-the-making revision to the Hazard Communication Standard (HCS). OSHA’s revised its standard to better align with the United Nations’ Globally Harmonized System of Classification...more

McNees Wallace & Nurick LLC

FOIA Buddy and RTKL Requests: What Municipalities Need to Know

The Pennsylvania Office of Open Records issued an alert concerning anonymous Right to Know Law requests generated by an online service called FOIA Buddy after receiving reports from “numerous” agencies. On its website, FOIA...more

Wiley Rein LLP

FCC Chair Proposes AI Disclosure Requirements for Political Ads

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On May 22, 2024, Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel announced that she had circulated a draft notice of proposed rulemaking (NPRM) to her colleagues on the use of artificial...more

Ballard Spahr LLP

EPA Finalizes Superfund and Drinking Water PFAS Rules

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The U.S. Environmental Protection Agency (EPA) finalized two of the most anticipated environmental regulations related to per- and polyfluoroalkyl substances—known as PFAS—in the past two weeks: listing of PFOA and PFOS as...more

ArentFox Schiff

California Greatly Expands List of Cosmetics Fragrances Reportable as Allergens

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Since January 1, 2022, California’s Fragrance and Flavor Ingredients Right to Know Act of 2020 has required manufacturers of cosmetic products to disclose the following information to the California Department of Public...more

Tucker Arensberg, P.C.

Commonwealth Court Holds that OOR Erred in Not Allowing Agency an Opportunity to Review Responsive Records for Exemptions after...

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In Pa. Office of the Governor v. Brelje, 2024 Pa. Commw. LEXIS 65, at *1 (Commw. Ct. Feb. 23, 2024), the Office of Open Records (“OOR”) concluded that requests for all incoming and outgoing email for two agency employees over...more

BCLP

Washington My Health My Data Act Faqs: Data Subject Rights

BCLP on

On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only...more

Wiley Rein LLP

State Privacy Update: New Jersey Becomes 13th State to Pass a Consumer Privacy Bill

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The New Jersey Legislature this week passed Senate Bill 332 (SB 332), a comprehensive consumer data privacy bill. Since its conception, the bill has undergone significant revisions that expanded a once narrow bill into a more...more

Foley & Lardner LLP

Wisconsin State Assembly Fast Tracks Wisconsin Data Privacy Act

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On November 14, 2023, the Wisconsin State Assembly passed Assembly Bill 466, otherwise known as the Wisconsin Data Privacy Act (WDPA). The bill passed on its third reading and was immediately ordered to the Wisconsin State...more

Tucker Arensberg, P.C.

Communications Related to a School District’s Investigation Into Complaints About Library Books Are Not Public Records

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Foster v. Pennridge School District, AP 2023-0931 (July 5, 2023). The Office of Open Records determined that a school district properly redacted and withheld certain email chains discussing the school district’s investigation...more

Troutman Pepper

US EPA Issues Final Rule on PFAS Relating to Community Right-to-Know and Pollution Prevention Acts

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On October 18, U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention submitted a final rule for publication in the Federal Register, amending 40 CFR Part 372, involving reporting...more

Tucker Arensberg, P.C.

OOR Confirms that Local Agencies Can Provide Responsive Records in PDF Format

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In Forrest v. Erie City, AP 2023-1701 (Sept. 28, 2023), Erie City responded to a request for a list of all rental properties registered and licensed in the City in an Excel spreadsheet by providing a PDF conversion of the...more

Harris Beach PLLC

New York Revises Property Disclosure Forms to Address Flood Risk

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New York home sellers now must disclose information about flood risk, flood history and flood insurance to potential buyers under legislation recently signed by Gov. Kathy Hochul, further amending the requirements of the...more

Tucker Arensberg, P.C.

Commonwealth Court Establishes New Test to Determine if Social Media Posts Are Subject to a Rtkl Request

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Penncrest School District. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023). The Commonwealth Court of Pennsylvania establishes a three-part test that must be used to determine if an individual’s social media post is a record of an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Anhydrous Ammonia/Emergency Planning and Community Right-to-Know Act Enforcement: U.S. Environmental Protection Agency and...

The United States Environmental Protection Agency (“EPA”) announced in a June 5th news release a settlement with Anheuser-Busch, LLC (“AB”) addressing alleged violations of the following programs: Clean Air Act chemical...more

Fisher Phillips

Summary of California Consumer Rights and Business Deadlines for Responding to Privacy-Related Requests

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Under the California Consumer Privacy Act (CCPA), California consumers may exercise certain rights in relation to their personal information – and businesses have strict deadlines to respond to such consumer requests. These...more

King & Spalding

New Executive Order Doubles Down on Environmental Justice Focus and Brings New Concerns for Business

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President Biden issued an Executive Order on April 21, 2023 titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (the “EO”). The EO continues the Administration’s emphasis on environmental justice by...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Toxics Release Inventory/Community Right-to-Know Act: PEER Petitions U.S. Environmental Protection Agency to Include Waste...

The Public Employees for Environmental Responsibility and Energy Justice Network (collectively “PEER”) submitted an April 3rd document to EPA titled: Petition for Rulemaking Pursuant to the Administrative Procedure Act and...more

Fisher Phillips

Iowa Latest State to Pass Consumer Privacy Law: 5 Things Employers Need to Know

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Iowa will soon be the sixth state in the nation with a comprehensive consumer privacy law – but the good news for employers is that it does not apply to data collected in the employment context and does not include a private...more

Obermayer Rebmann Maxwell & Hippel LLP

When Firing An Employee Isn’t The Final Action of An Agency

The public will need to wait longer to obtain information about fired police officers and potentially other public employee terminations due to a recent Commonwealth Court ruling. As an exception to an exemption, the...more

King & Spalding

USEPA FY2022 Enforcement and Compliance Results Highlight Environmental Justice

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The annual results of the agency’s enforcement and compliance efforts repeatedly discussed Environmental Justice (EJ), touting general trends and specific enforcement actions related to potential communities of concern. The...more

Tonkon Torp LLP

California Privacy Rights Act Now Effective

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On January 1, 2023, the California Privacy Rights Act (CPRA) went into full force and effect, heralding a new era of statewide personal information (PI) regulation. The CPRA provides even more protection for California...more

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