[J-3-2023] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ. PENNSYLVANIA STATE POLICE, Appellee v. AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA, Appellant : : : : : : : : : : : : No. 44 MAP 2022 Appeal from the Order of the Commonwealth Court at No. 1066 CD 2017 dated November 17, 2021 Vacating the Determination of the Office of Open Records at No. AP 2017-0593 dated July 7, 2017 and Remanding. ARGUED: March 7, 2023 OPINION JUSTICE WECHT DECIDED: August 22, 2023 This appeal arises under the Right-to-Know Law (“RTKL”). 1 We consider whether the Commonwealth Court abused its discretion when—sua sponte—it issued a remand to the Office of Open Records (“OOR”) for additional fact-finding after that court already had determined that the agency subject to the record request failed to meet its burden of proving that an exception to disclosure requirements applied. We conclude that such an abuse of discretion occurred, and we accordingly reverse. We remand this matter to the Commonwealth Court for disposition consistent with this Opinion. The General Assembly enacted the RTKL in 2008 in an effort to promote transparency. The RTKL provides that any “record in the possession of a Commonwealth agency or local agency shall be presumed to be a public record” unless it is protected by a privilege, exempt from disclosure under “any other Federal or State law or regulation or 1 Act of Feb. 14, 2008, P.L. 6, No. 3, 65 P.S. §§ 67.101- 67.3104.

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