Massachusetts public records law: how to make a request

Public Records Law, M.G.L. c. 66, §§ 10-10A and c. 4, § 7(26). Rules below are quoted or closely paraphrased from the linked official pages, and each shows the date it was last checked (2026-10-17). Jurisdiction code: MA.

Build a request letter Official source

Statute and who may ask

• Each person has a right of access to public information: to inspect, copy, or have a copy of records provided on payment of a reasonable fee, if any. "Public records" are all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations or other documentary materials or data, regardless of form, made or received by a governmental entity, unless they fall within a statutory exemption (M.G.L. c. 4, § 7(26)) or another legally applicable privilege. Exemptions are strictly and narrowly construed. (Secretary of the Commonwealth's guide)

  Source: Secretary of the Commonwealth of Massachusetts: A Guide to the Massachusetts Public Records Law (updated December 2022) · last verified 2026-10-17

• The law does not apply to records held by federal agencies, the Legislature or the courts of the Commonwealth. The Division of Public Records does not hold other offices' records; request them from the records access officer (RAO) of the agency or municipality that holds them. (Guide FAQ)

  Source: Secretary of the Commonwealth of Massachusetts: A Guide to the Massachusetts Public Records Law (updated December 2022) · last verified 2026-10-17

• A written request is not required but is strongly recommended; an oral request made in person is permitted, but a request must be in writing to appeal to the Supervisor of Records. A request may be delivered by hand, first class mail, or email to the address the agency or municipality posts. An RAO may not require a specific form. The requester must reasonably describe the records and cannot generally be required to give a reason or intended use, except to determine whether the records are for a commercial purpose or whether to grant a fee waiver. (M.G.L. c. 66, § 10(a), (d)(viii); Guide)

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• There is no obligation to create a record or to answer questions, or to honor prospective requests; providing a segregable portion or an extract of existing data is not creating a new record. If the records are not held by the entity, the RAO must identify, if known, the entity that may hold them. (Guide; M.G.L. c. 66, § 10(b)(ii)-(iii))

  Source: Secretary of the Commonwealth of Massachusetts: A Guide to the Massachusetts Public Records Law (updated December 2022) · last verified 2026-10-17

• An RAO must provide records by electronic means unless they are not available in electronic form or the requester cannot receive them in usable form; if the requester states a preferred format the RAO must use it to the extent feasible, otherwise a searchable, machine-readable format. (Guide, citing M.G.L. c. 66, § 6A(d))

  Source: Secretary of the Commonwealth of Massachusetts: A Guide to the Massachusetts Public Records Law (updated December 2022) · last verified 2026-10-17

Response deadline

• A records access officer, or a designee, shall at reasonable times and without unreasonable delay permit inspection or furnish a copy of any public record or segregable portion not later than 10 business days following receipt of the request, provided the request reasonably describes the record, the record is within the entity's possession, custody or control, and the RAO receives payment of a reasonable fee. (M.G.L. c. 66, § 10(a))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• If the entity does not intend to permit inspection or furnish a copy, or the magnitude or difficulty of the request unduly burdens it so that it cannot meet the 10-business-day timeframe, it must respond in writing within 10 business days of the initial receipt. The response must, among other things: confirm receipt; identify records not in its possession and who may hold them; identify records it intends to withhold with the specific exemptions; identify records it will produce and, if more time is needed, explain why; give a reasonable timeframe, which for an agency may not exceed 15 business days and for a municipality 25 business days from receipt (unless the requester voluntarily agrees to more); suggest modifications of scope; give an itemized good-faith fee estimate; and state the right to appeal to the Supervisor of Records and to seek judicial review. (M.G.L. c. 66, § 10(b))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• A records access officer may petition the Supervisor of Records for an extension, within 20 business days after initial receipt of the request (or within 10 business days after a determination that the record is a public record). On good cause the Supervisor may grant a single extension of up to 20 business days to an agency and up to 30 business days to a municipality, deciding within 5 business days; the RAO must give the requester a copy of the petition. (M.G.L. c. 66, § 10(c))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• A fee may not be charged unless the RAO responded to the requester within 10 business days under section 10(b). (M.G.L. c. 66, § 10(e))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• "Business day" means Monday through Friday and does not include Saturdays, Sundays, legal holidays, or other weekdays on which a custodian's office is closed unexpectedly. (Guide, definitions)

  Source: Secretary of the Commonwealth of Massachusetts: A Guide to the Massachusetts Public Records Law (updated December 2022) · last verified 2026-10-17

Fee rules

• A records access officer may assess a reasonable fee for producing a public record, which may not exceed the actual cost of reproducing it. The actual cost of any storage device or material provided may be included, but the fee for standard black-and-white paper copies or printouts may not exceed 5 cents per page, for single- and double-sided copies. (M.G.L. c. 66, § 10(d)(i))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• The guide says an RAO is not permitted to assess a copying fee for electronic records; the 5-cent fee applies only to paper copies. Specific statutes may set fees for particular records (for example, copies of records at a Registry of Deeds, G.L. c. 262, § 38).

  Source: Secretary of the Commonwealth of Massachusetts: A Guide to the Massachusetts Public Records Law (updated December 2022) · last verified 2026-10-17

• Agencies may include an hourly rate for time spent searching, compiling, segregating, redacting or reproducing records only if more than 4 hours are needed, with no charge for the first 4 hours; municipalities only if more than 2 hours are needed, with no charge for the first 2 hours where the municipality has more than 20,000 people. The rate may not exceed the hourly rate of the lowest-paid employee with the necessary skill and, in general, $25 per hour (a municipality may petition the Supervisor to exceed $25). (M.G.L. c. 66, § 10(d)(ii)-(iii))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• No fee may be assessed for time spent segregating or redacting records unless required by law or approved by the Supervisor of Records on a petition (for example where the request is for a commercial purpose or the fee is necessary and reasonable). (M.G.L. c. 66, § 10(d)(ii)-(iv))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• The RAO may waive or reduce a fee on a showing that disclosure is in the public interest because it is likely to contribute significantly to public understanding of government operations and is not primarily in the requester's commercial interest, or on a showing that the requester lacks the financial ability to pay the full fee. "Commercial purpose" excludes gathering or reporting news and gathering information to promote citizen oversight or further understanding of government, or for academic, scientific, journalistic or public research or education. An RAO may deny requests from a requester who has not paid for previously produced records, with written notice itemizing the balance. (M.G.L. c. 66, § 10(d)(v)-(vii), (ix))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• The guide says an agency or municipality may require payment of the estimated fee before starting work, and that agencies and municipalities are strongly urged, but not required, to waive fees. The Supervisor may review a fee estimate's reasonableness on appeal.

  Source: Secretary of the Commonwealth of Massachusetts: A Guide to the Massachusetts Public Records Law (updated December 2022) · last verified 2026-10-17

Appeal path and remedies

• If an agency or municipality fails to comply with section 10 or issues a response the requester believes violates it, the person who made the request may petition the Supervisor of Records for a determination of whether a violation occurred. The Supervisor must issue a written determination within 10 business days of receiving the petition and, on finding a violation, shall order timely and appropriate relief. (M.G.L. c. 66, § 10A(a))

  Source: Massachusetts General Laws c. 66, § 10A (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• Deadline and contents: appeal within 90 calendar days of the response (or, if there was no response, within 90 days of the original request). Send the Supervisor copies of the written request, the written response (if any), and a brief letter explaining the reason for the appeal, by mail, fax or email ([email protected]), and give a copy of the appeal to the records custodian. Secretary of the Commonwealth, 1 Ashburton Place, Boston, MA 02108.

  Source: Secretary of the Commonwealth of Massachusetts: Appealing a Public Records Request Denial · last verified 2026-10-17

• If an agency or municipality does not comply with the Supervisor's order, the Supervisor may notify the Attorney General, who may take measures to ensure compliance, including an action to compel compliance. (M.G.L. c. 66, § 10A(b))

  Source: Massachusetts General Laws c. 66, § 10A (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• Notwithstanding the Supervisor route, a requester may bring a civil action in superior court (Suffolk Superior Court for agencies; the superior court in the county of the municipality for municipalities). The court decides de novo, presumes each record is public, and puts the burden on the agency or municipality to prove by a preponderance of the evidence that a record may be withheld. (M.G.L. c. 66, § 10A(c)-(d))

  Source: Massachusetts General Laws c. 66, § 10A (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• The superior court may award reasonable attorney fees and costs where the requester obtains relief, with a presumption in favor of an award unless the agency shows, for example, that the Supervisor found no violation, it reasonably relied on a published appellate opinion or Attorney General opinion on similar facts, the request was designed to harass or intimidate, or it was a commercial request not in the public interest. A requester aggrieved by a Supervisor order (or the Supervisor's failure to decide on time) may seek judicial review only by an action in superior court in the nature of certiorari. (M.G.L. c. 66, § 10A(a), (d))

  Source: Massachusetts General Laws c. 66, § 10A (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

Request-letter wording notes

• Address the request to the records access officer of the specific agency or municipality (look for the posted RAO email address or business address). Put it in writing and keep a copy; you will need the request and any response to appeal. (M.G.L. c. 66, § 10(a); Secretary of the Commonwealth)

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• Describe the records reasonably (type, date range, subject, office). You do not need to give a reason; ask questions only as a way to describe records, since the RAO need not answer questions, only provide existing records. (Guide)

  Source: Secretary of the Commonwealth of Massachusetts: A Guide to the Massachusetts Public Records Law (updated December 2022) · last verified 2026-10-17

• State the format you prefer (for example electronic, searchable and machine-readable) and ask for an itemized, good-faith fee estimate in the written response. (M.G.L. c. 66, § 10(b)(viii); Guide)

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• If you want a fee waiver or reduction, say why disclosure is in the public interest or that you lack the financial ability to pay the full fee. (M.G.L. c. 66, § 10(d)(v))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

• If any part is withheld, the written response must identify what is withheld and the specific exemption and reasons, and tell you how to appeal to the Supervisor of Records and go to superior court. A letter can ask for these items. (M.G.L. c. 66, § 10(b)(iv), (ix))

  Source: Massachusetts General Laws c. 66, § 10 (Massachusetts Legislature, malegislature.gov) · last verified 2026-10-17

Not yet researched or not verified

• Individual exemptions in M.G.L. c. 4, § 7(26)(a)-(v) (not summarized here; see the Secretary's guide)
• The Public Records Regulations, 950 CMR 32.00 (read only as summarized in the Secretary's guide and appeal page; the regulation text was not read directly)
• The guide is the December 2022 edition and the Secretary's other web pages could not all be read, so recent changes may be missing
• Records held by the Legislature, courts and federal agencies, which this law does not cover
• Registry of Deeds and other specific-statute fees (for example G.L. c. 262, § 38; not read)

This is legal information from public sources, not legal advice. Laws and agency practices change; read the linked official source and consult a lawyer about your situation. Local agencies may have their own forms and contacts.