Gabby Pogel

Q: Does HIPAA prevent hospitals from releasing any and all information about patients? Does HIPAA restrict our ability to publish medical information? A: While HIPAA prohibits unauthorized release of individually identifiable health records, it permits the release of “directory information” about patients identified by name in certain circumstances, and HIPAA does not apply to the…

Q: I want to review a private criminal complaint, but the magisterial district judge (MDJ) is telling me I can’t have a copy until the district attorney approves it. When do private criminal complaints become public records? A: The timing of public access depends on which agency holds the record, but private criminal complaints are…

Q: Advertisers want to use the term “World Cup 2026” to promote their products and events.  Should we allow that, or do they need permission to use the term? A: Advertisers need permission to use the term “World Cup 2026” because the term is protected by trademark. News coverage about the World Cup is not…

Q: Many local agencies routinely take a 30-calendar-day extension to respond to Right-to-Know Law (RTKL) requests, usually citing the need for legal review or due to staffing limitations, even for simple, obviously public records like meeting minutes and agendas. Should they do that, and can I challenge these extensions? A: It is important to understand…

Q: What products are covered by the FDA’s tobacco advertising rules, and do they cover e-cigarettes and vaping liquids? A: FDA regulations governing tobacco advertising cover an expanded class of products and require specific warning language and layout criteria for each. However, tobacco regulation is frequently the subject of legislation and lawsuits, thus it is…

Q: On Monday, I asked a school district for copies of records that will be discussed during the regular public meeting scheduled for Friday. They told me to file a Right-to-Know request, and when I did, their response was to invoke the 30-day extension. The meeting will be long over by the time the RTKL…

Q: The Sunshine Act requires agencies to provide agendas in advance of public meetings, but some local agencies are providing agendas that list generic or all-encompassing subjects that have little meaning. Can they do that? A: The Sunshine Act requires agencies to provide meeting agendas in advance of and during public meetings. This law was…

Q: My reporting focuses on data, and I routinely request complex data sets like GIS records from public agencies. Several agencies have given me fee estimates based on market rates, sometimes in the thousands of dollars.  Isn’t there a fee exception for media requesting complex data sets under the Right to Know Law (RTKL)? Can…