short, “the threats outlined in [the Burig Affidavit] simply do not match the text of the policy.” 6 Accordingly, OOR directed PSP to furnish ACLU an unredacted copy. PSP appealed, and a three-judge panel of the Commonwealth Court reversed. 7 The court opined that, while establishing the likelihood of a threat required more than speculation, the agency was not required to establish a definite threat. 8 Contrary to OOR’s conclusion, the panel determined, the Burig Affidavit was sufficient to sustain PSP’s burden because Major Burig’s conclusions were grounded in his extensive experience. In camera review was not necessary, the court explained, where “the effect of the disclosure” was at issue, as opposed to “the actual words on the page.” 9 We granted ACLU’s petition for allocatur, and we vacated the Commonwealth Court’s order. We held that the ruling below “eliminate[d] one of the key structural features of the current RTKL process and create[d] a de facto presumption of nondisclosure in virtually all cases” where the effect of disclosure is at issue. 10 The Commonwealth Court had “accepted the contents of a wholly untested affidavit,” which was “necessarily vague,” and did not “[avail] itself of the readily available opportunity to measure the [Burig Affidavit] against [AR 6-9].” 11 In granting PSP undue and sweeping 6 Id. at 9. Pa. State Police v. ACLU of Pa., 1066 C.D. 2017, 2018 WL 2272597 (Pa. Cmwlth. May 18, 2018) (“PSP I”). 7 See id. at *2 (discussing Carey v. Pa. Dep’t of Corr., 61 A.3d 367, 375 (Pa. Cmwlth. 2013); Harrisburg Area Cmty. Coll. v. OOR, 2110 C.D. 2009, 2011 WL 10858088 (Pa. Cmwlth. May 17, 2011)). 8 Id. at *6 (emphases added). The court noted that situations in which it had reviewed unredacted documents in camera “usually . . . involved exemptions claimed under the attorney-client privilege or the predecisional deliberative process.” Id. (citing Twp. of Worcester v. OOR, 129 A.3d 44, 60 (Pa. Cmwlth. 2016)). 9 10 ACLU of Pa. v. Pa. State Police, 232 A.3d 654, 669 (Pa. 2020) (“PSP II”). 11 Id. at 670. [J-3-2023] - 3