Stories untold: Massachusetts public records law leaves public in the dark

By: Marlene Halpin, The Suffolk Journal, February 12. 2025

Massachusetts public records law outlines 21 exemptions that can be cited by agencies when refusing access to a record.

The first is a “statutory exemption” that ties in an undefined number of other statutes as a valid reason for records to be refused. The ambiguity of this exemption makes it difficult for journalists and the public to keep track of what they have access to.

“It’s like a kitchen sink exemption that says if there’s any other law that says it’s confidential then it’s not public record,” said Wallack. “There are probably hundreds of separate laws that mention somewhere that these particular records are exempt, whether it’s educational records, whether it’s records about child abuse, it goes on and on and on.”

Massachusetts is the only state in which the executive, legislative and judicial branches are all exempt from public records. Massachusetts and Michigan are the only two states in the nation that exempt the governor’s office.