Understanding public records is crucial for government transparency. Massachusetts’ public records law facilitates this exchange. However, navigating these laws can be challenging, prompting questions about accessing information. This blog post addresses frequently asked questions about the Massachusetts Public Records Law. Whether you’re a journalist, researcher, or resident, this guide aims to help you navigate our state’s public records. Note that answers may change due to law modifications. Consult the latest version of the Massachusetts Public Records Law for accurate and up-to-date information.

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Updated: 5/31/2023

Massachusetts Public Record Records Law | Chapter 66

Common Questions about the Massachusetts Public Records Law

1. What constitutes a public record?

A public record is any record, regardless of physical form or characteristics, that is created or received by a public agency or official in the course of their official duties. This includes records such as emails, letters, reports, meeting minutes, and financial documents.

2. Who can request public records?

Anyone can request public records. There are no restrictions on who can make a request, and you do not need to provide any reason for your request.

3. What agencies or entities are subject to public records laws?

The Massachusetts Public Records Law applies to all public agencies and officials in the state, including state agencies, municipalities, school districts, and libraries.

4. Are there any fees associated with making a public records request?

Agencies may charge reasonable fees for the cost of copying and/or redacting public records. However, they may not charge fees for the time it takes to locate and prepare the records. If most cases, fees for duplication do not apply when records are delivered electronically.

5. How long does it take to process a public records request?

Agencies must respond to public records requests within 10 business days. However, they may request an extension of an additional 10 business days if they need more time to locate and prepare the records.

6. How can I request public records?

You can request public records by mail, email, or in person. Some entities have launched public record portals that allow for online submission. You must provide the agency with the following information:

  • Your name and contact information
  • The specific records you are requesting
  • The format in which you would like to receive the records

7. Are there any exceptions or exemptions to public records law?

Yes, there are a few exceptions to the public records law. These exceptions include:

  • Records that are confidential by law, such as records related to personnel matters or criminal investigations
  • Records that would reveal trade secrets or other confidential business information
  • Records that would endanger the safety of individuals or the public

8. Can a public records request be denied? If so, on what grounds?

Yes, a public records request can be denied. However, the agency must provide you with a written explanation for the denial.

9. How can I appeal a denial of a public records request?

If your public records request is denied, you can appeal the decision to the Supervisor of Public Records. The Supervisor is an independent official who is responsible for enforcing the public records law.

10. Can I request any document or information from any state agency?

Yes, you can request any document or information from any state agency. However, the agency may not be able to provide you with all of the information you request if it is exempt from disclosure under the public records law.

11. Is there a limit on the amount of information I can request?

No, there is no limit on the amount of information you can request. However, the agency may charge you additional fees if the request is for a large amount of information.

12. Are there penalties for agencies failing to comply with public records law?

Yes, there are penalties for agencies failing to comply with the public records law. Agencies that fail to comply with the law may be subject to fines of up to $5,000.

13. Do elected officials’ communications fall under public records law?

Yes, the communications of elected officials fall under the public records law. This includes emails, text messages, and other forms of communication.

14. Do electronic communications (like emails or text messages) fall under public records law?

Yes, electronic communications fall under the public records law. This includes emails, text messages, and other forms of electronic communication.

15. Are there protections for personal or sensitive information in public records?

Yes, there are protections for personal or sensitive information in public records. Agencies may redact personal or sensitive information from public records if it is not necessary for the public to have access to the information.

16. Can an agency redact certain information from public records?

Yes, an agency can redact certain information from public records if it is not necessary for the public to have access to the information. However, the agency must notify you of any redactions and explain why the information was redacted.

More Questions?

Send your questions to hi@govtransfer.com and we’ll do our best to update this article on the frequently asked questions about the Massachusetts Public Records Law.
By Published On: June 1, 2023Categories: Public Records Information
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