Understanding Massachusetts Freedom of Information Act: A Beginner’s Guide
Have you ever wondered how to access public records in Massachusetts? The Massachusetts Freedom of Information Act (FOIA) can help you with just that. It’s a law that grants citizens of the state the right to access public records held by state and local government agencies. In this article, we will discuss the Massachusetts FOIA and how it works.
What Is the Massachusetts Freedom of Information Act?
The Massachusetts Freedom of Information Act, also known as the Public Records Law, was enacted in 1973 to promote transparency and accountability in government. It empowers citizens of Massachusetts to request public records created or maintained by state and local government agencies, subject to certain exemptions and limitations.
Scope and Coverage of the Law
The scope and coverage of the Massachusetts FOIA are broad. It applies to all state and local government agencies, including executive, legislative, and judicial branches, as well as boards, commissions, and authorities. It also covers any entity that receives public funds or performs a public function, such as non-profit organizations that receive government grants.
How to Make a Public Records Request
To make a public records request, you need to send a written request to the government agency that has the records you want to access. The request must be specific and identify the records you are seeking with reasonable particularity. The agency has ten business days to respond to your request, either by providing the records or denying your request with an explanation.
Exemptions and Limitations
While the Massachusetts FOIA is powerful, it has several exemptions and limitations that may prevent you from accessing certain records. Some of the common exemptions include records that are protected by attorney-client privilege, personal information such as medical records or social security numbers, and ongoing law enforcement investigations or criminal proceedings.
Appealing a Denial
If your public records request is denied, you have the right to appeal the decision to the Supervisor of Public Records within the Secretary of the Commonwealth’s Office. You must file an appeal within 90 days from the date of the denial. The Supervisor of Public Records will review your appeal and issue a determination within 10 business days.
Conclusion
The Massachusetts Freedom of Information Act is an essential tool for promoting transparency and accountability in government. By understanding the scope and coverage of the law, making a specific and reasonable records request, and appealing a denial if necessary, you can exercise your right to access public records in Massachusetts.
