judicial order or decree,” or exempt under Section 708 of the RTKL. 2 The burden of proving that one of the Section 708 exceptions applies belongs to the Commonwealth agency that is resisting disclosure. 3 In March 2017, the American Civil Liberties Union of Pennsylvania (“ACLU”) submitted a RTKL request to the Pennsylvania State Police (“PSP”) seeking a copy of AR 6-9, a nine-page regulation that explains how that agency monitors social media. PSP produced the policy, but heavily or completely redacted every page. PSP asserted that these redactions were appropriate pursuant to the public safety exception of Section 708, which exempts from disclosure records: maintained by an agency in connection with the military, homeland security, national defense, law enforcement or other public safety activity that, if disclosed, would be reasonably likely to jeopardize or threaten public safety or preparedness or public protection activity or a record that is designated classified by an appropriate Federal or State military authority. 4 PSP submitted the affidavit of Major Douglas J. Burig, the Director of PSP’s Bureau of Criminal Investigations, in support of its position. Major Burig attested that disclosing AR 6-9 would jeopardize the effectiveness of PSP investigations. ACLU filed an administrative appeal with OOR, requesting an in camera review of the unredacted policy so that OOR could determine whether the public safety exception applied. OOR examined AR 6-9 section by section and explained why, as to each, the Burig Affidavit’s claims about the likely effects of disclosure were not supported by the substance of the unredacted text. OOR determined that “[t]he processes described . . . are strictly internal and administrative in nature, providing third parties with no opportunity to intercept or alter any Trooper’s request or clearance to conduct any investigation.” 5 In 2 65 P.S. §§ 67.305(a), 67.708. 3 Id. § 67.708(a)(1). 4 Id. § 67.708(b)(2). 5 OOR Final Determination, 7/17/2017, at 5-6 (hereinafter, “O.F.D.”). [J-3-2023] - 2