Race data from traffic stops by State Police, other departments won’t be available under Pa.’s public records law

This story originally appeared on Spotlight PA.

Gov. Josh Shapiro is poised to sign a bill that requires Pennsylvania State Police and many other law enforcement agencies to collect data on drivers pulled over during traffic stops, including their race or ethnicity.

But the bill also exempts those data from the state’s Right-to-Know Law, filtering it instead through State Police or a third party — a concern to public information advocates.

“I’d like someone to explain to me why the data should not be subject to the Right-to-Know Law,” said Craig Staudenmaier, an attorney with Cohen Seglias who specializes in Pennsylvania’s public information law. “It seems like, you know, there’s a purpose behind the gathering of the data. Therefore, why shouldn’t that be publicly available?”

The provision is part of a larger bill that would empower police to pull over people for handling their cellphones while behind the wheel.

Under its data collection component, State Police and an estimated 452 departments that serve at least 5,000 people would have to collect data on the reason for any traffic stop; the driver’s race or ethnicity, gender, and age; whether a search was initiated and if the driver consented; and whether the stop resulted in a citation, arrest, or other action.

The legislation would provide some level of access to that information. It directs State Police to collect local departments’ data and compile the information in an annual report, with analysis to be done either by the agency or a third party.

The result of that work, the bill says, should be made “publicly available by posting the annual analysis and report on a publicly accessible Internet website.”

But that’s not the same as true public access, said attorney Zachary Gordon of Pittsburgh’s Del Sole Cavanaugh Stroyd, who also does public information work and has concerns about the provision.

“While it might give a similar picture, it really limits what else the public may want to request,” he said, noting that the setup will also keep people from being able to ask for information frequently — they’ll have to wait for new reports to come out once a year.

Along with that delay, Staudenmaier said, “The information is being filtered through the organization putting up a report. … You should be allowed to get it and look at it and draw your own conclusions, and not have to have them spoon-feed you.”

The bill originated in the state Senate and was amended by Democrats on a state House committee to mandate police collect driver data. That amendment also said that the data would not be accessible under the Right-to-Know Law.

The amendment was introduced by state Rep. Ed Neilson (D., Philadelphia), who did not respond to a request for comment about the RTK exemption.

The office of state Sen. Rosemary Brown (R., Monroe), the bill’s main sponsor, didn’t respond when asked why that language was included. A spokesperson for state House Democrats, who control the chamber, also did not comment; nor did Shapiro’s office.

State Police already voluntarily record racial data on all “member-initiated” traffic stops, though the agency quietly paused collection a few years ago before resuming the practice.

Data from 2022 were analyzed by the nonprofit National Policing Institute. First and second quarter reports were released in September 2022; a third quarter report was released in November 2022; and an annual report was released in May 2023.

A spokesperson for State Police said the schedule was based on the National Policing Institute’s ability to complete its analysis. The agency has not released a new report since last May.

Some local departments also collect racial data on traffic stops, but the policy isn’t universal.