Pennsylvania’s Supreme Court handed civil liberties advocates a victory, ruling that state police can't hide from the public its policy governing how it monitors social media.
Andrew Christy, a lawyer with the ACLU of Pennsylvania, said the ruling “sort of puts law enforcement on the same playing field as all government agencies. If they have a legal justification to keep something secret, then they have to put forth sufficient evidence to justify that.
Justifying what the majority opinion described as heavy or complete redactions on every page of the nine-page regulation, the head of the state police’s bureau of criminal investigationsThe state Office of Open Records held a private review of the blacked out material and and ruled that making the policy public would not be likely to harm investigations, calling the social media policy processes strictly internal and administrative in nature.
Redacted sections addressed the use of open sources, what approval is required, when to go undercover and use an online alias and how to verify information. State police also blacked out the entire section on using social media for employment background investigations. A panel of three Republican Commonwealth Court judges reversed the Office of Open Records’ ruling that the policy should be disclosed without redactions, saying in May 2018 that the state police investigations chief based his analysis about the risk of exposure on his own extensive experience.
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