Introduction to public records

Compiled and written by Colman M. Herman.

The Massachusetts Public Records Law – the Commonwealth’s counterpart to the federal Freedom of Information Act – allows citizens to inspect and obtain copies of documents in the possession of state and municipal agencies as well as other government entities such as boards, commissions and authorities. 

The types of records subject to the public records law include a wide array of items ranging from papers, financial statements, and statistical tabulations to books, maps, and photographs.  The availability of public records is dependent on the substance of the information, not the form in which it is maintained.  Thus, electronic records, such as computer files, email, and audio- and videotapes are subject to the public records law.

The legislature and judiciary are not subject to the public records law, and recent governors claim they too are not subject to it.  But every record held by other government entities is considered to be a public record unless one or more exemptions enumerated in the law can be properly claimed by the records custodian -- the official who has access to or control of public records.

The Massachusetts Public Records Law is found at Massachusetts General Law, Chapter 66, (Section 10 in particular is of importance to records requesters), with its supporting regulation being found at 950 Code of Massachusetts Regulations 32.00.  The exemptions to the Public Records Law are found at Massachusetts General Law, Chapter 4, Section 7(26).