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In
Rosner II”), the Township redacted residents’ names, home addresses, and tax map parcel I.D. numbers from the requested invoices setting forth charges to residents under the Township’s Stormwater Management Ordinance on the basis that the names and home addresses were protected by the constitutional right to privacy and that the tax map parcel numbers were exempt because disclosure would lead to the disclosure of the protected information.
Although the Pennsylvania Supreme Court did not expressly define the types of “personal information” subject to the balancing test, the Court recognized that certain types of information, including home addresses, by their very nature, implicate privacy concerns and require balancing.
In
Rosner I”), the request sought Stormwater Management Agreements and Grant of Easement Agreements relating to certain properties within the Township. The Township redacted the names and home addresses from residents and the requester appealed.
The Pennsylvania Supreme Court has held that an individual possesses a constitutional right to privacy in certain types of personal information.
Pa. State Educ. Ass’n v. Commonwealth, 148 A.3d 142 (Pa. 2016). When a request for records implicates personal information not expressly exempt from disclosure under the RTKL, the OOR must balance the individual’s interest in informational privacy with the public’s interest in disclosure and may release the personal information only when the public benefit outweighs the privacy interest. Id.