In a recent decision, the Commonwealth Court of Pennsylvania established a new three-part test to evaluate whether an individual’s social media post qualifies as a record of an agency and is therefore subject to a Right-to-Know Law (RTKL) request.
The case, Penncrest School District. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023), offers newfound clarity on the application of RTKL to social media posts by individuals related to agencies. This decision could potentially reshape the approach of agencies regarding social media use and transparency commitments.
The court’s test comprises three steps:
- Confirmation that the social media post under scrutiny pertains to agency business.
- The agency maintains, receives or retains the social media post in question.
- That the agency created, received, or retained the social media post in connection with an agency transaction or activity
The conclusion of these steps in the affirmative would mean the social media post in question is indeed a record per the RTKL. This establishment of a systematic evaluation sets a legal precedent likely to impact how future cases of similar context will be adjudicated. It also underscores the role of social media interactions in the realm of public record and legal scrutiny.
This benchmark ruling by the Commonwealth Court of Pennsylvania provides a concrete path to determine the eligibility of a social media post for an RTKL request, marking a significant development in the digital-era legal scenario where social media posts increasingly find mention in legal proceedings.