The exemptions
Compiled and written by Colman M. Herman.
A records custodian can deny access to records in part or in total by claiming one or more of the at least 70 exemptions available under the public records law. The use of these exemptions is discretionary, but when invoked, the official has the burden of explaining in his/her written response how and why the exemption applies to the records in question. Also, where exempt information is intertwined with non-exempt information, the non-exempt portions must be disclosed once the exempt portions are redacted.
The privacy exemption is one of the most frequently invoked by public officials. It permits the withholding of personnel and medical files. There are two important points to note here. First, public employees have a diminished expectation of privacy in matters relating to their public employment because the public has a legitimate interest in knowing whether public employees have the qualifications to properly perform their jobs. Second, the Massachusetts Appeals Court has held that materials that are part of a police internal affairs investigation (officers’ reports, witness interview summaries, and internal affairs reports) do not fall within the personnel exemption because they relate to the workings and determinations of the internal affairs process “whose quintessential purpose is to inspire public confidence.”
Besides personnel and medical files, the privacy exemption also allows officials to withhold any other documents containing information about a specifically named individual which, if disclosed, would be an unwarranted invasion of his or her personal privacy. Its application is limited to "intimate details of a highly personal nature" -- such things as marital status, paternity, unemployment payments, government assistance, and family disputes. If the details are determined to be highly personal, it is then necessary to determine whether the public interest in disclosure outweighs the privacy interest of the individual.
Another commonly invoked exemption is the investigatory exemption, which allows officials to withhold: 1) documents that could compromise ongoing investigative efforts by alerting suspects to the existence of an investigation; 2) documents that would reveal confidential investigative techniques where the disclosure could prejudice future law enforcement efforts; and 3) documents that would reveal details of witness statements -- this is intended to provide an assurance of confidentiality to private citizens so that they will speak openly about matters under investigation without fear of being harmed.
Still another exemption commonly invoked is the deliberative process exemption, which allows officials to withhold documents whose release could interfere with the deliberative process involved in policy development. Once the process is completed, though, the documents are subject to disclosure.
Other Sections:
Introduction to public records
Asking for records
Custodian's response
The fees
Attorney-client privilege
Appeals
Quasi-government agencies/misc.
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