Office of Open Records: No fees for emailing electronic records
From the Pennsylvania Freedom of Information Coalition
The Office of Open Records says agencies may not charge per-page duplication fees when emailing public records that already exist in electronic format.
"When a document already exists in electronic format and can be attached to an email, it is not permissible to charge for copies, because none were required to be made in order to fulfill the request," wrote Terry Mutchler, executive director of the OOR.
The ruling was made in an Advisory Opinion issued March 26, in response to a request from a Lancaster law firm that serves as solicitor to school districts and government agencies. The request for the advisory opinion included a question about scanning a document stored in a non-electronic format.
"However, in the example you provided – a request for a collective bargaining agreement – it would be appropriate to charge for copies if a bound volume is copied and then a PDF or other attachment is made from scanning those copies," Mutchler wrote. "In that instance, the agency has incurred the expense of copying the bound volume in order to make a document capable of being scanned."
This would preclude agencies from charging for scanning a document directly into electronic format, a process that does not involve the expense of paper or other materials.
"It is only permissible to charge for copies if it is required to duplicate the original using a traditional copier, as fees are based upon actual out-of-pocket expenses for paper, toner, etc.," Mutchler wrote.
Advisory Opinion: Fee Charge for Electronic Transmission
The Office of Open Records says agencies may not charge per-page duplication fees when emailing public records that already exist in electronic format.
"When a document already exists in electronic format and can be attached to an email, it is not permissible to charge for copies, because none were required to be made in order to fulfill the request," wrote Terry Mutchler, executive director of the OOR.
The ruling was made in an Advisory Opinion issued March 26, in response to a request from a Lancaster law firm that serves as solicitor to school districts and government agencies. The request for the advisory opinion included a question about scanning a document stored in a non-electronic format.
"However, in the example you provided – a request for a collective bargaining agreement – it would be appropriate to charge for copies if a bound volume is copied and then a PDF or other attachment is made from scanning those copies," Mutchler wrote. "In that instance, the agency has incurred the expense of copying the bound volume in order to make a document capable of being scanned."
This would preclude agencies from charging for scanning a document directly into electronic format, a process that does not involve the expense of paper or other materials.
"It is only permissible to charge for copies if it is required to duplicate the original using a traditional copier, as fees are based upon actual out-of-pocket expenses for paper, toner, etc.," Mutchler wrote.
Advisory Opinion: Fee Charge for Electronic Transmission
