Pennsylvania State University v. State Employees Retirement Board

In Pennsylvania State University v. State Employees Retirement Board, 594 Pa. 244, 263, 935 A.2d 530, 541 (2007), the Pennsylvania Supreme Court granted the release of salary and related information of various Pennsylvania State University employees to the news media. In doing so, the Supreme Court reiterated that the proper analysis is the balancing test set forth in Sapp Roofing and abrogated this Court's earlier decision in Moak v. Philadelphia Newspapers, Inc., 18 Pa. Commw. 599, 336 A.2d 920 (Pa. Cmwlth. 1975), which held that the sole determinative factor under the personal security exception is whether the public records would be intrinsically harmful if disclosed. However, the Supreme Court stated that the "intrinsically harmful" standard from Moak remains a relevant factor in determining the weight given to the privacy interest to be balanced against any public interest served by dissemination. Pennsylvania State University, 594 Pa. at 263, 935 A.2d at 541. Additionally, although Pennsylvania State University dealt with a right to privacy issue, the Supreme Court stated, "while Appellants invite this Court to separate our right to privacy analysis from our personal security exception analysis, it is clear that no such division is warranted." Id. at 259, 935 A.2d at 538.