Massachusetts
Massachusetts Public Records Law
G.L. c. 66, § 10; G.L. c. 4, § 7, cl. 26
Transparency Score: 87/100
Response Timeline
10 business days to respond (G.L. c. 66, § 10(b)). Must either provide records, explain delay in writing, or deny with specific legal basis. Extension of up to 15 additional business days permitted with written notice explaining reason. Major 2017 reforms (effective Jan 1, 2017) strengthened deadlines and fee limits.
No residency requirement. Any person may request public records.
How to Submit a Request
Accepted Methods
No specific form required. Request should identify records sought with reasonable specificity. Agencies must provide records in the format requested if available.
Required Elements
- Description of records requested
- Name and contact information of requester
Optional Elements
- Preferred format (paper or electronic)
- Preferred delivery method
Fees
| Fee Type | Amount | Notes |
|---|---|---|
| Search (hourly) | USD25.00 | First 4 hours free State agencies: first 4 hours free. Municipalities 20k+: first 2 hours free. |
| Copies (per page) | USD0.05 | First 50 pages free |
2017 reforms significantly reduced fees. State agencies cannot charge for first 4 hours of search/segregation. Municipalities over 20,000 population: first 2 hours free. Municipalities under 20,000: may charge from first hour at up to $25/hr. No charge for time spent determining applicability of exemptions.
Fee Waivers
- Supervisor of Records may order fee reduction if disclosure serves public interest
- Fee waivers available upon demonstration of inability to pay
Requesters may petition the Supervisor of Records if they believe fees are unreasonable.
Exemptions
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Personnel and medical files or information (G.L. c. 4, § 7, cl. 26(c))
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Inter-agency or intra-agency memoranda relating to policy positions being developed - ends when policy is adopted (G.L. c. 4, § 7, cl. 26(d))
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Investigatory materials compiled for law enforcement purposes (G.L. c. 4, § 7, cl. 26(f))
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Trade secrets or commercial/financial information voluntarily provided and confidential (G.L. c. 4, § 7, cl. 26(g))
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Attorney-client privilege and attorney work product
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Records whose disclosure would constitute an unwarranted invasion of personal privacy (G.L. c. 4, § 7, cl. 26(c))
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Plans relating to internal security (G.L. c. 4, § 7, cl. 26(n))
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Questions and answers for licensing exams (G.L. c. 4, § 7, cl. 26(j))
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Appraisals of property being acquired until concluded (G.L. c. 4, § 7, cl. 26(h))
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Firearms records and license information (G.L. c. 4, § 7, cl. 26(i))
20+ statutory exemptions in G.L. c. 4, § 7, cl. 26. Burden is on custodian to prove with specificity which exemption applies. Exemptions are construed narrowly. Supervisor of Records reviews denials administratively.
Appeal Process
1
File an appeal with the Supervisor of Records at the Secretary of the Commonwealth within 90 days of the denial. The Supervisor will investigate and issue a determination. This is a free administrative remedy.
2
If dissatisfied with the Supervisor's determination, you may file a civil action in superior court under G.L. c. 66, § 10A. The court must award reasonable attorney fees and costs to prevailing requesters.
The Supervisor of Records is a powerful enforcement mechanism - can order production and assess attorney fees. Most disputes resolved at administrative level. Court action available as secondary remedy.
Request Templates
NFOIC Massachusetts Sample Request →
National Freedom of Information Coalition
Mass.gov Public Records Request Portal →
Commonwealth of Massachusetts
RCFP Open Government Guide - Massachusetts →
Reporters Committee for Freedom of the Press
NEFAC Massachusetts Public Records Guide →
New England First Amendment Coalition
MuckRock Massachusetts Guide →
MuckRock
Massachusetts Public Records Request
Records Retention
M.G.L. c. 66, 8; c. 66, 1-18
Papers dating before 1870, books of registry, town warrants, deeds, and committee reports must be preserved permanently. Other papers must be kept for 7 years unless otherwise provided by law or included in disposal schedules. The Records Conservation Board approves state records schedules; the Supervisor of Public Records approves municipal schedules.