| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY MAHER AND BLOOM, SEPTEMBER 17, 2012 |
| |
| |
| REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 17, 2012 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of February 14, 2008 (P.L.6, No.3), entitled |
2 | "An act providing for access to public information, for a |
3 | designated open-records officer in each Commonwealth agency, |
4 | local agency, judicial agency and legislative agency, for |
5 | procedure, for appeal of agency determination, for judicial |
6 | review and for the Office of Open Records; imposing |
7 | penalties; providing for reporting by State-related |
8 | institutions; requiring the posting of certain State contract |
9 | information on the Internet; and making related repeals," |
10 | further providing for exceptions for public records. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 708(b)(3), (4) and (6) of the act of |
14 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, |
15 | are amended to read: |
16 | Section 708. Exceptions for public records. |
17 | * * * |
18 | (b) Exceptions.--Except as provided in subsections (c) and |
19 | (d), the following are exempt from access by a requester under |
20 | this act: |
21 | * * * |
22 | (3) A record, the disclosure of which creates a |
|
1 | reasonable likelihood of endangering the safety or the |
2 | physical security of a building, public utility, resource, |
3 | infrastructure, facility or information storage system, which |
4 | may include: |
5 | (i) documents or data relating to computer hardware, |
6 | source files, software and system networks that could |
7 | jeopardize computer security by exposing a vulnerability |
8 | in preventing, protecting against, mitigating or |
9 | responding to a terrorist act; |
10 | (ii) lists of infrastructure, resources and |
11 | significant special events, including those defined by |
12 | the Federal Government in the National Infrastructure |
13 | Protections, which are deemed critical due to their |
14 | nature and which result from risk analysis; threat |
15 | assessments; consequences assessments; antiterrorism |
16 | protective measures and plans; counterterrorism measures |
17 | and plans; and security and response needs assessments; |
18 | and |
19 | (iii) building plans or infrastructure records that |
20 | expose or create vulnerability through disclosure of the |
21 | location, configuration or security of critical systems, |
22 | including public utility systems, structural elements, |
23 | technology, communication, electrical, fire suppression, |
24 | ventilation, water, wastewater, sewage and gas systems. |
25 | This paragraph shall not apply to an agency-issued employee |
26 | e-mail address. |
27 | (4) (i) A record regarding computer hardware, software |
28 | and networks, including administrative or technical |
29 | records, which, if disclosed, would be reasonably likely |
30 | to jeopardize computer security. |
|
1 | (ii) This paragraph shall not apply to an agency- |
2 | issued employee e-mail address. |
3 | * * * |
4 | (6) (i) The following personal identification |
5 | information: |
6 | (A) A record containing all or part of a |
7 | person's Social Security number, driver's license |
8 | number, personal financial information, home, |
9 | personal cellular or other personal telephone |
10 | numbers, personal e-mail addresses, employee number |
11 | or other confidential personal identification number. |
12 | (B) A spouse's name, marital status or |
13 | beneficiary or dependent information. |
14 | (C) The home address of a law enforcement |
15 | officer or judge. |
16 | (ii) Nothing in this paragraph shall preclude the |
17 | release of the name, position, agency-issued e-mail |
18 | address, agency-issued cellular telephone number, salary, |
19 | actual compensation or other payments or expenses, |
20 | employment contract, employment-related contract or |
21 | agreement and length of service of a public official or |
22 | an agency employee. |
23 | (iii) An agency may redact the name or other |
24 | identifying information relating to an individual |
25 | performing an undercover or covert law enforcement |
26 | activity from a record. |
27 | * * * |
28 | Section 2. This act shall take effect in 60 days. |
|