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6 Gray Areas of Public Records Law 6 Gray Areas of Public Records Law

6 Gray Areas of Public Records Law

The Freedom of Information Act (FOIA) law primarily concerns public records held by federal agencies and does not necessarily create a right of access to records held by Congress, the courts, or state or local governments, though there are comparable state statutes, which nevertheless enable the various states to administer which of their public documents can be seen and which are protected.

It can be confusing when you’re looking for specific information that you might think should be matters of public record and, instead, you hit a legal roadblock. Depending on where you live or which state you’re petitioning for record access, these six gray areas of public records law may make it difficult for you to get what you need.

Why Is Massachusetts Public Records Law So Confusing? Why Is Massachusetts Public Records Law So Confusing?

Why Is Massachusetts Public Records Law So Confusing?

Part of the reason we have the Freedom of Information Act and public records law is to create accountability for those who govern us in the United States. This mandated transparency is intended to keep, and hopefully does succeed in keeping, politicians, lawmakers, government employees and other enforcers honest.

Each U.S. state has control over its public records laws and some states are more “secretive” than others. Massachusetts, for instance, makes it notoriously difficult for the average citizen to access public records — and they’re able to do so thanks to approximately 70 exemptions in their legal code. Filing a public records request with the state is difficult, at best, and the laws set in place to protect their three branches of government have been upheld for decades.

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Disclaimer: The above is solely intended for informational purposes and in no way constitutes legal advice or specific recommendations.