Gabby Pogel

Q: It is election season in Pennsylvania and our newsroom wants to make sure we understand the laws governing access to polling places and election records and if there have been any changes since last year? A: Election practices vary by county, but all counties must adhere to Title 25 of the Pennsylvania Statutes, the…

Q: Is my online news site required to take down a previously posted deed transfer notice if the person involved has enrolled in a victim protection program in Pennsylvania? A: A member news organization recently fielded an unusual request. A woman identified as the purchaser in a routine county deed-transfer notice the news site had…

Q: We are getting political ads from state and federal candidates. What should we be looking for? Election season means a surge in political ad inquiries — and publications that sell space have their own legal obligations under federal law, separate from the candidate’s or committee’s responsibilities. Here’s a quick-reference guide organized by topic for…

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: What are some of the issues we need to consider when reviewing political advertising? A: Financing, required disclosures, timing, rates and defamation issues arise in the context of political advertising, and news media organizations should carefully review the content of political ads before publication. What is a political ad?  The Pennsylvania Election Code, Section…

Q: A board of supervisors heard testimony on a zoning application, took public comment, and then announced that they would “meet privately to discuss the application and public comment.”  After the private discussion, the board voted publicly to approve the application. Can they do that? A: Yes, they can, but the board is not required to…

Q: How does the RTKL 5-business day response rule apply to agencies that are only open on a part-time basis? A: It is important to understand that the RTKL is not required to access public records, and when records are clearly public, the RTKL process causes unnecessary delay and wastes public resources. When records are…

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…