Professionals and businesses need to access records all the time in order to conduct day-to-day activities. Most of this information is for confirmation or investigatory purposes, but not all of the data is legally accessible to anyone who needs it under Right to Know Laws (RTKL). Others, like residential listings, are readily available to anyone who needs them.
Who Uses Public Records and Why?
Access to public records is essential for transparency in a free society. However, that doesn't mean that all of your information should be available to anyone for the asking. Most public records are compiled at local state or federal level, and they relate to property sales or public notice of things like bankruptcy that are required by law. Public records are routinely sought by:
- Private investigators - Law enforcement officers - Lawyers - Real estate brokers - Employers
Public records are also kept in some cases by public companies, politicians and government agencies in the name of accountability. Some of this information, like the names of board members or the minutes of a meeting, are required by law due to an overall opinion that the public has the right to know what companies or government officials are doing with tax money and during the decision-making process, if those decisions will affect the public at large. Records like census data are used to allocate resources by population or to study demographics. But, when does the public's right to know cross over into a violation of privacy?
How Do Right to Know Laws Affect Access?
Public records don't have to be in the form of a piece of paper that you can look at. Such records can take any form, including text on a computer or a recording. The Right to Know laws presume that any record in the possession of a government agency is part of the public domain and can be requested by anyone regardless of credentials. Occasionally, an agency will object to the release of such records and must prove in court why that information should not be available to the general public.
Information can be blocked from release or partially redacted if it meets the following standards:
- It's protected by a privilege, such as doctor/patient, clergy/penitent or lawyer/client - It's prohibited from disclosure by a judge's order, such as a sealed court record - It's prohibited from disclosure by a law or statute - It's exempt under one of the statutes listed in Section 708 of the RTKL
There are 30 exemptions listed under RTKL, Section 708. Among these are:
- Personal security exemptions - Home addresses of public officials or employees of government agencies - Criminal and noncriminal investigations, if the information doesn't directly relate to the investigation and could unduly damage someone's reputation or business - Disclosures that would cause a company or government agency to lose funds - Threats to public safety - Health records
If you need to look at public records, companies like Intelius have compiled large databases that hold legally accessible information on everything from criminal backgrounds to property sales. Access to such information from one provider can streamline your investigation efforts, saving time and money.
