From the PNA Legal Hotline

By Melissa Melewsky, Media Law Counsel
Pennsylvania NewsMedia Association

Q: I submitted a request to the local water authority seeking copies of delinquent accounts owing more than $500. The agency denied my request and cited “bill payer privacy” as the reason for denial. Is that right?

A: No. The delinquent accounts should be provided pursuant to the Right to Know Law (RTKL).

The water authority is a public agency under the RTKL and it must provide access to public records that document its transactions or activities. Delinquent account records are financial records that document the water authority’s transactions and activities related to billing and payments. Financial records are defined to include:

Any account, voucher or contract dealing with:

1. the receipt or disbursement of public funds by an agency; or
2. an agency’s acquisition, use or disposal of services, supplies, materials, equipment or property.

As a financial record, the vast majority of the exemptions in the RTKL do not apply by operation of section 708(c). In order to deny access to a financial record, the agency has the burden to prove the records are rendered non public by a more specific law, court order or lawful privilege or, exempt under section 708(b) (1), (2), (3), (4), (5), (6), (16) or (17).

Delinquent account records of a water authority are not confidential under another law or court order, and the information is not protected by privilege. Likewise, none of the exemptions in section 708 provides a blanket of confidentiality based on “bill payer privacy.”

Therefore, the records are public and must be provided in accordance with the RTKL.

Requesters who receive a denial that is not supported by law should consider filing an appeal. The Office of Open Records has created an appeal guide for citizens considering filing an appeal.

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Pennsylvania NewsMedia Association attorneys provide member news organizations with advice on government access issues.