Most states have laws—statutes that are sometimes referred to as Acts—that make most government records open to the public. These laws are similar to the federal Freedom of Information Act (FOIA) and are often known as open records acts or public information acts.
These public information or open records acts provide a mechanism for citizens to inspect or copy government records—and provide the governmental bodies from whom the records are requested with the right to withhold government records from the public in certain instances.
Public information or open records acts generally require a governmental entity to release information in response to a request for information. But if a governmental entity determines the information is excepted from disclosure under the law, then both the request and the information at issue must be reviewed by another governmental division. The reviewing division will issue a decision on whether the governmental entity is permitted to withhold the requested information or must release the information to the requestor (often a citizen or member of the media).
These public information or open records laws vary from state to state and are usually located in a state’s statutes.
In Massachusetts, the state's public records law operates similarly to the federal Freedom of Information Act (FOIA), providing the public with the right to access government records. This law is designed to ensure transparency and accountability of government agencies. Under Massachusetts General Laws Chapter 66, Section 10, any person has the right to request and receive copies of governmental records, unless the records are specifically exempted by statute. Exemptions may include, but are not limited to, personal privacy, investigatory materials, trade secrets, and other sensitive information. When a request is made, the government agency has ten business days to respond. If the agency decides to withhold certain records, it must provide the reasons for doing so. If a request is denied, the requester can appeal to the Supervisor of Public Records, who will review the decision. The Supervisor can order the records to be disclosed if they determine the exemption does not apply. It's important for requesters to understand that while they have broad rights to access public records, there are specific procedures to follow and exceptions that may apply.