In Pennsylvania, an increasing number of individuals are appealing denied public records requests from local government agencies, driven in part by the advent of artificial intelligence (AI) tools. The Pennsylvania Office of Open Records (OOR) has reported a significant uptick in appeals, with Executive Director Liz Wagenseller noting a 64% increase in the past six months compared to the same period last year. This surge, she asserts, is partly attributable to the growing use of AI in navigating the appeals process.
Wagenseller indicated that AI has emerged as a form of “legal representation” for many appellants, although she cautioned against its limitations, stating that the technology frequently “hallucinates” case law and citations that are not accurate. She observed a marked rise in the use of AI in appeals beginning in September, contributing to what she described as a “real explosion” in the number of challenges to denied records.
Approximately 4,000 appeals were filed last year, predominantly by private citizens rather than corporations or journalists. This trend is seen as a positive sign by some government transparency advocates, who believe it reflects a growing awareness of citizens’ rights to access public information. Melissa Melewsky, legal counsel at the Pennsylvania Newsmedia Association, noted that the spike in appeals indicates that more individuals recognize their right to seek transparency, suggesting a more empowered public engaging with the law.
However, complexities remain in the appeals process, as many individuals may choose not to pursue appeals after their requests are denied for various reasons. Paula Knudsen Burke, an attorney with the Reporters Committee for Freedom of the Press, emphasized that countless denied requests go unchallenged, leaving an unclear picture of how many citizens are still without access to information.
The County Commissioners Association of Pennsylvania highlighted that counties collectively manage thousands of requests annually, many of which are fulfilled without requiring an appeal. They noted that the high volume of requests often necessitates extensive staff resources to locate, review, and redact sensitive information, with some requests being overly broad or duplicative, complicating the process further.
Last year, the majority of appeals—705—were directed at county governments, followed by townships and school districts. In light of the growing number of appeals, the association is advocating for legislative reforms to the state’s records law. Their proposals include clearer standards for handling broad requests and improved mechanisms for addressing vexatious filings, as well as opportunities for cost recovery for particularly burdensome requests.
Transparency advocates continue to push for reforms that would simplify access to information for the public. The OOR has identified common exemptions cited by agencies in denying requests, including noncriminal and criminal investigative records, employee notes, and draft documents. Melewsky remarked that these exemptions are often applied too broadly, creating significant barriers to obtaining even basic information.
If it were up to her, Melewsky would urge lawmakers to consider allowing access to certain records once investigations are closed, noting that many other states have established timelines for accessing investigatory records. She emphasized the importance of transparency, particularly concerning non-criminal investigations involving public safety agencies.
Furthermore, local and state agencies frequently utilize a 30-day extension permitted by state law for responding to requests, sometimes exploiting this provision to delay access to documents that should be readily available. Knudsen Burke pointed out that such delays hinder the public’s right to access information in a timely manner.
As the use of AI in public records appeals continues to evolve, so too will the conversation surrounding government transparency in Pennsylvania. The balance between facilitating access and ensuring proper management of requests remains a critical issue that legislators will need to address in the coming months.
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