Christopher Voltz on Video Recordings

Images of Students must be Removed from School Bus Surveillance Video when Responding to a Request for Records Under the...

Easton Area Sch. Dist. v. Miller, 232 A.3d 716 (Pa. 2020). Pennsylvania Supreme Court holds that images of students in a school bus surveillance video are “educational records” under FERPA and must be redacted before...more

4/9/2021 / FERPA , Public Schools , Redaction , Right To Know , School Districts , Student Records , Students , Surveillance , Video Recordings

OOR Begrudgingly Recognizes the Broad Scope of Act 22

In Bradley v. Lehighton Area School District, AP 2019-2068 (Jan. 13, 2019), the OOR confirmed that the scope of videos covered by Act 22 (and, therefore, beyond the reach of the RTKL) is significantly broader than many...more

3/2/2020 / Law Enforcement , Open Records , Records Request , Right To Know , School Districts , State and Local Government , Video Recordings

OOR Determines that a School Bus Surveillance Video is a Public Record (708(b)(17); FERPA)

In Galvez v. West York Area School District, AP 2019-0267 (May 15, 2019), a reporter requested a portion of a school bus surveillance video depicting a student altercation. The District denied the request, arguing that the...more

5/29/2019 / FERPA , Open Records , Personally Identifiable Information , Public Schools , Right To Know , School Districts , Students , Surveillance , Video Recordings

Agencies Can Refer Requesters to their Websites When Responding to Requests (Section 704(b))

In a previous post, we discussed how the OOR in Stooky v. Unionville-Chadds School District, AP 2019-0484 (April 18, 2019) determined that a Requester could seek records under the RTKL even though she already possessed the...more

5/7/2019 / Audio Recording , Open Records , Public Records , Records Request , Right To Know , School Boards , State and Local Government , Video Recordings

School Surveillance Videos are Not Educational Records under FERPA

Commonwealth Court Holds That School Surveillance Videos Showing Interactions Between Adults And Students Are Not Education Records Under FERPA and Are Public Records Under The RTKL - Easton Area Sch. Dist. v. Miller, 191...more

4/29/2019 / Department of Education , FERPA , Parental Consent , Public Schools , Right To Know , School Districts , Student Records , Students , Surveillance , Video Recordings

Agencies Must Prove that the Release of Security Footage will Endanger Public Safety and the Physical Security of a Building ...

When responding to RTKL requests, Open Records Officers biggest concern is inadvertently disclosing information that could put people in danger. While such records are generally exempt from disclosure, it is the agency’s...more

4/17/2019 / Administrative Procedure , Exemptions , Open Records , Public Agencies , Public Safety , Right To Know , Video Recordings

The Open Record Officers’ Guide to the Pennsylvania RTKL: Police Audio and Video Recordings (Act 22 of 2017)

The Open Record Officers’ Guide to the Pennsylvania RTKL - Types of Records - Section 3 of Act 22 of 2017, 42 Pa.C.S. §§ 67A01-67A09, removed audio and video recordings made by law enforcement agencies from access under...more

1/18/2019 / Audio Recording , Law Enforcement , Public Disclosure , Public Records , Public Records Act , Request For Information , Video Recordings

Office of Open Records Holds That School Videos Depicting Student In An Altercation Is Not An Educational Record Of The Student...

Hawkins v. Central Dauphin School District, AP 2016-0583, 2016 PA O.O.R.D. LEXIS 760. The Office of Open Records reverses its earlier decision and holds that a video from a school bus video system showing an altercation...more

7/5/2017 / Department of Energy (DOE) , FERPA , Personally Identifiable Information , Public Schools , Student Privacy , Student Records , Video Recordings

Christopher Voltz

Tucker Arensberg, P.C.

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