Act 22 of 2017 (specifically, Chapter 67A of the Act) established a new process for requesting audio and video recordings in the possession of law enforcement agencies in Pennsylvania.
Act 22 applies to individuals seeking "any audio recording or video recording made by a law enforcement agency." The Right-to-Know Law does not apply to requests for these recordings.
Under Act 22, a request for an audio or video recording in the possession of a law enforcement agency must be made within 60 days of the date the recording was made.
A written request must be submitted to the Agency Open Records Officer (AORO) for the law enforcement agency that possesses the record. The request is not officially received until it is personally delivered to the AORO, or when it is marked as "delivered" by certified mail.
The request must include:
The date, time and location of the event recorded;
A statement describing the requester's relationship to the event recorded; and
If the recorded incident took place inside a residence, the request must also identify every person present at the time of the recording, unless unknown and not reasonably ascertainable.
Under Act22, the agency may deny the request- in writing- if it determines that a recording contains:
Information pertaining to an investigation or a matter in which a criminal charge has been filed; or
Confidential Information or victim information; and
The reasonable redaction of the recording would not safeguard potential evidence.
Act 22 permits law enforcement agencies to charge a reasonable fee to provide a copy of the audio recording or video recording. The SARPD has established a fee of $100 per recording for granted audio or videos.
Once a request is filed, the agency has 30 days to respond, although the requester and agency can agree to an extension.
The requester may appeal within 30 days of the date of denial to the Court of Common Pleas with jurisdiction over the matter (i.e., the court in the county where the recorded event took place).
The appeal is filed as a Petition for Judicial Review and must include:
A filing fee of $125;
A copy of the written request and any written responses; and
Proof that the AORO was served within five days of the filing of the Petition;
If the event recorded took place inside a residence, the petitioner must also certify that notice of the petition has been served on each individual present at the time of the recording and on the owner and occupant of the residence, unless that information is unknown and not reasonably ascertainable.
All requests must be either hand delivered to the Agency Open Records Officer or sent by certified mail, as follows:
Stroud Area Regional Police Department
Attn: Agency Open Records Officer, Chief Jennifer Lyon
100 Day Street
East Stroudsburg Pa. 18301
More information can be found here: openrecords.pa.gov