Final Determination Record

McKelvey v. Pennsylvania Department of Health

OOR Dkt. No.: AP 2017-1443
Case Status: Partially Affirmed by Commonwealth Court


Request for medical marijuana permit applications. The agency granted access to redacted copies of the applications. While a direct interest participant met its burden of proving that trade secrets may be redacted, the direct interest participants did not otherwise meet their burden of proof. The agency also demonstrated that certain personal identification information may be redacted, as well as building and site plans. Granted in part, denied in part.

  • Section 708(b)(2) - jeopardizes or threatens public safety or preparedness or public protection activity
  • Section 708(b)(3) - endangers safety or physical security of building, public utility, resource, infrastructure, facility or information storage system
  • Section 708(b)(3)(ii) lists of infrastructure, resources and significant special events, including those defined by the Federal Government in the National Infrastructure Protections, which are deemed critical due to their nature and which result from risk analysis; threat assessments; consequences assessments; antiterrorism protective measures and plans; counterterrorism measures and plans; and security and response needs assessments
  • Section 708(b)(3)(iii) building plans or infrastructure records that expose or create vulnerability through disclosure of the location, configuration or security of critical systems, including public utility systems, structural elements, technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage and gas systems
  • Section 708(b)(4) - jeopardizes computer security
  • Section 708(b)(6)(i) - Personal identification information
  • Section 708(b)(6)(ii) - Name, position, salary, actual compensation or other payments or expenses, employment contract
  • Section 708(b)(6)(iii) An agency may redact the name or other identifying information relating to an individual performing an undercover or covert law enforcement activity from a record
  • Section 708(b)(11) - Trade secret or confidential proprietary information.
  • Refer to other superseding law/statute
  • Exempt under State Regulation
  • Constitutional Right to Privacy, Pa. Const. Art. I, ยง 1. "All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness."

Filings Received by OOR
Filed Adjudicator Description or File Name Document
01/11/2018 2017-1443_PennLive(McKelvey)_DeptHealth_FD.pdf
03/26/2018 Commonwealth Court OOR Certified Record
05/11/2018 Commonwealth Court OOR Supplemental CR
08/03/2018 Commonwealth Court Brief - SMPB
08/03/2018 Commonwealth Court Brief - CRECSO
08/03/2018 Commonwealth Court Application to Supplement the Record- Mission
08/03/2018 Commonwealth Court Brief- Mission
09/21/2018 Commonwealth Court Reply Brief_Cresco
06/04/2019 Commonwealth Court Court Order - OOR Partially Affirmed