"Reporter Dylan Purcell, on behalf of the
Philadelphia Inquirer, asked the Pennsylvania
Office of Administration ("OA") to provide him
with a list state employees and salaries. The OA
granted the request, but only provided Purcell
with the employees' years of birth, rather than a
full birth date including the day and month born.
Purcell appealed to the Office of Open Records
("OOR"), arguing that the dates of birth of state
employees are public records. The OOR agreed with
Purcell, and issued a final determination
ordering the OA to provide Purcell with the state
employees' full dates of birth."
"The final determination, Purcell v. Pennsylvania
Office of Administration, AP 2010-0845
(OOR 10/29/10) summarizes prior appellate
decisions, legislative history, and OOR
final determinations that address whether
dates of birth of public employees are
public records."
"The OOR dismissed the OA's constitutional
argument because no appellate court in
Pennsylvania has held that individuals have a
constitutional right to privacy in their dates of
birth. In response to the OA's arguments that
state employees may fall victims to physical
violence or stolen identities, the OOR noted that
the OA failed to cite a single instance where a
public employee was a victim of a crime,
including identity theft, due to the release of
their date of birth."
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Location Oakland, Ca | San Francisco, Ca | California - Private Investigator
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