If sunlight is said to be the best of disinfectants and electric lights the most efficient policeman, then what is said of the darkness of anonymity? Many agencies have been receiving Right-to-Know Law, 65 P.S. Section 67.701, et seq. (RTKL) record requests created through “FOIA Buddy” that they suspect are anonymous. FOIA Buddy is an online service that lists its mission as “simplifying the process of requesting public records.” After numerous inquiries about anonymous requests, the Pennsylvania Office of Open Records (OOR) released a memo confirming that FOIA Buddy is operated by people who have a stated goal of efficiently promoting government transparency and accountability in a cost-effective manner for all involved and that the OOR found no indication that FOIA Buddy is part of a phishing, scraping or scamming activity. The memo also stated that the OOR is unable to provide specific legal advice on responding to RTKL requests that are made by or through FOIA Buddy. However, the OOR recommends that agencies ensure their internal RTKL policies are clear and posted on the agency’s website and easily accessible. This has provided an opportunity for local agencies to dust off their RTKL policies, which likely have not been reviewed since the enactment of the new RTKL in 2008.

Section 702 of the RTKL provides that “Agencies may fulfill verbal, written or anonymous verbal or written requests under this act.” Therefore, agencies have discretion as to whether they will answer anonymous requests. For a request not to be anonymous, the request must have a valid requester with an ascertainable address. A “requester” is defined by the RTKL as “a person that is a legal resident of the United States.” Section 703 of the RTKL requires that all written requests under the RTKL “shall include the name and address to which the agency should address its response.” The use of an alias or fake name or the lack of inclusion of a verifiable address on the RTKL form constitutes an anonymous request.