The Massachusetts Public Records Law can be a powerful tool for gaining access to information held by state and local government agencies. However, understanding how the law works, who it applies to, and what exceptions may exist can raise many questions. To make the process clearer, we’ve compiled this FAQ to address the most common inquiries about submitting public records requests.
This section covers everything from the basics of what qualifies as a public record to the steps for making a request, what to do if your request is denied, and how to file an appeal. Whether you’re seeking specific government documents or just exploring your rights under the law, this FAQ is designed to provide quick, accessible answers to help you navigate the process with confidence.
The Massachusetts Public Records Law ensures public access to government records, promoting transparency and accountability. It grants individuals the right to inspect, copy, or obtain copies of public records, usually for a reasonable fee.
The Public Records Law does not apply to records held by federal agencies, the legislature, or the courts of the Commonwealth.
Records also may be witheld if they fall under specific narrowly defined exemptions.
Every government record in Massachusetts is presumed to be public unless it may be withheld under a specifically stated exemption.
The law applies to any kind of “document” made or received by a public officer or employee, regardless of its format, such as papers, maps, recordings, e-mails, computer generated or stored records, etc.
However, some records may be exempt from disclosure for reasons such as privacy concerns or national security
Any individual, including private citizens, businesses, or media organizations, can make a public records request.
To obtain a copy of a record, you must make a request to the RAO for the municipal or state agency that you believe has records you are seeking.
A Records Access Officer (RAO) is the person within a governmental entity responsible for responding to requests for public records.
Each governmental entity is required to designate an RAO.
An RAO may charge a reasonable fee to recover the costs of complying with a public records request. An RAO is encouraged, but not required, to waive fees where disclosure is in the public interest.
If an RAO does not respond to your request within ten business days, all fees are waived.
A public entity may charge a requesting party the following fees:
There are no strict rules that govern the manner in which requests for public information should be made. Requests may be made in person or in writing via mail or email.
RAOs must respond to public records requests within 10 business days.
An RAO's response may:
If the RAO denies your request and/or doesn't provide detailed explanations for why the records are being witheld, you can appeal to the Supervisor of Records.
Email appeals to: pre@sec.state.ma.us
Mail appeals to:
Supervisor of Records
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
If you don’t receive a response within ten business days of your request, you can appeal to the Supervisor of Records.
Email appeals to: pre@sec.state.ma.us
Mail appeals to:
Supervisor of Records
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
If the RAO denies your request and/or doesn't provide detailed explanations for why the records are being witheld, OR if the RAO does not respond to your request, you can appeal to the Supervisor of Records.
Email appeals to: pre@sec.state.ma.us
Mail appeals to:
Supervisor of Records
Public Records Division
One Ashburton Place, Room 1719
Boston, MA 02108
Yes! The public may search the Agency Public Records Request Database website at: www.sec.state.ma.us/RequestSearchWeb/Webpages/Welcome.aspx.
The supervisor of records is required to issue a written determination regarding any petition submitted within 10 business days following receipt of the petition.
If the supervisor determines the government entity has violated the public records law, the supervisor of records can order timely and appropriate relief.
If an agency or municipality refuses or fails to comply with an order issued by the supervisor of records, the supervisor of records may notify the attorney general who can then take whatever measures the attorney general considers necessary to ensure compliance with the law.
If you are still unsatisfied with the response or compliance with the law, you can initiate a civil action in superior court to enforce the requirements of the Public Records Law.
Visit the Massachusetts Public Records Division website for detailed guidelines and resources.
or visit the Reporters Committee for Freedom of the Press's MA Open Government Guide