Penn State University v. State Employees' Retirement Board

In Penn State University v. State Employees' Retirement Board, 594 Pa. 244, 935 A.2d 530 (2007), our Supreme Court determined that the (former) RTKL accounts for an individual's right to privacy, and it observed that Pennsylvania courts have interpreted the law's personal security exemption as creating a privacy exception to the law's general disclosure rule. The court declined to separate a "right to privacy" exception from its analysis of the "personal security" exception and proceeded to apply the balancing test utilized in the typical constitutional analysis; the court described the appropriate analysis as one that, "subsumes the question of whether the potential impairment of any privacy interest outweighs the public interest in the dissemination at issue." Id. at 258-59, 935 A.2d 538.